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HomeMy WebLinkAbout1994-08-09APPROVED 9/27/94 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, AUGUST 9, 1994 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM RENANIING ZONING DISTRICTS/NET VS. GROSS DENSTTY/TOWNLOT- OLDTOWN DISTRICTS REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P A P P P P (excised) (arrived 7:27 pm) 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 APPEAL OF THE ZONING ADMINISTRATOR'S DENIAL OF USE PERMIT NO.94-21/CONDITIONAL EXCEPTION (VARIANCE NO. 94-17 (CONTINUED FROM THE JULY 12. 1994 PLANNING COMMISSION MEETING: APPLICANT: Elliott Associates, 6241 Warner Avenue, Huntington Beach LOCATION: 6241 Warner Avenue (Sea -Airs Mobile Estates) The appeal of Use Permit No. 94-21 and Conditional Exception (Variance) No. 94-17, a request to permit an additional mobile home space within the Sea Aira West Mobile Home Estates, was continued from the July 12, 1994 Planning Commission meeting in order to notify all of the mobile home park tenants of the proposal. Notices have since been sent to all tenants within the Sea-Aira West Mobile Home Estates complex at 6241 Warner Avenue, informing them of the Planning Commission meeting. As of August 3, 1994, staff has received four (4) letters in opposition to the request. The letters generally state that the vacant space should be used for RV parking, guest parking or a children's play area. STAFF RECOMMENDATION: Staff maintains the recommendation that the Planning Commission uphold the Zoning Administrator's action and deny Use Permit No. 94-21 and Conditional Exception (Variance) No. 94-17 because there are no special circumstances that warrant an exception to the recreational vehicle storage area requirement. THE PUBLIC HEARING WAS OPENED. Don Caldwell, 6301 Warner Avenue 419, President Homeowners' Association Sea-Aira Mobile Estates, stated the Associations' concern about using the space for additional mobile homes. Mr. Caldwell stated that the area would better serve the residents as a park or for parking. Teresa Reynolds, 6241 Warner 942, stated that a play area for the children in the park would be a better use for the area. Gene Pica, 5302 Glenroy Drive, stated his support for the request. John Carbona, owner of the mobile home park, submitted letters of support for the request from residents in the park. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE HEARING WAS CLOSED. The Commission discussed the various options for the use of this area. The Commission questioned staff as to the code requirement for providing RV storage space and what the majority of the residents in the park actually wanted. 1 PC Minutes - 819 /94 2 (PCM014) A MOTION WAS MADE BY KERINS, SECOND BY RICHARDSON, TO UPHOLD THE ZONING ADMINISTRATOR'S ACTION AND DENY USE PERMIT NO. 94-12 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 94-17 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Kerins, Richardson NOES: Gorman, Dettloff, Newman, Biddle ABSENT: Inglee ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY GORMAN, SECOND BY NEWMAN, TO DENY THE APPEAL AND APPROVE USE PERMIT NO.94-12 AND CONDITIONAL EXCEPTION (VARIANCE) NO.94-17 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Gorman, Newman, Biddle NOES: Kerins, Dettloff, Richardson ABSENT: Inglee ABSTAIN: None MOTION FAILED MOTION TO APPROVE THE APPEAL FAILED DUE TO A SPLIT (3-3) VOTE, THIS ITEM WILL BE AUTOMATICALLY CONTINUED TO THE AUGUST 23, 1994 PC MEETING B-2 ZONE CHANGE NO.94-2 (CONTINUED FROM THE JULY 26, 1994 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: City Wide Zone Change No. 94-2 is a request by the Department of Community Development to change the names of the various zoning districts within the City of Huntington Beach to conform to the Proposed Zoning and Subdivision Ordinance which has been approved by the Planning Commission and is pending adoption by the City Council. The zone change will also remove all commercial district setback lines from arterials as depicted on the sectional district maps. This zone change will reduce the number of base districts from 22 to 13 with subdistricts for different densities or geographic subareas. Suffix designations will become overlay districts. PC Minutes - 8/9 /94 3 (PCM014) STAFF RECOMMENDATION: This case was continued from the July 26, 1994 Planning Commission meeting to allow discussion on density at the August 1, 1994 study session. Staff recommends the public hearing be continued to allow additional discussion on the effects of the district renaming. A MOTION WAS MADE BY GORMAN, SECOND BY BIDDLE, TO CONTINUE ZONE CHANGE NO. 94-2 TO THE AUGUST 23, 1994 PLANNING COMMISSION MEETING AT THE REQUEST OF STAFF, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED B-3 CONDITIONAL USE PERMIT NO.94-12: APPLICANT: West Coast Soccer League, 7561 Center Avenue #68, Huntington Beach, CA 92647 LOCATION: 7561 Center Avenue #49 Conditional Use Permit No. 94-12 is a request by the West Coast Soccer League to allow the continuation of the annual Oktoberfest German Festival held in the Old World Village Festival Hall. The Oktoberfest has been held annually, from mid -September to mid - November since 1978. The applicant has received approval of either a conditional use permit or an annual review every year since the first festival. The applicant is now requesting approval without the requirement for annual reviews or subsequent approvals. Over the years, the Departments of Community Development, Fire and Police have each imposed additional conditions regulating the operation of the Oktoberfest. The new conditions, in most cases, were the result of the previous years problems. In most recent years, staff has been recommending the same conditions be imposed for the annual festival. PC Minutes - 8/9 /94 4 (PCM014) STAFF RECOMMENDATION: Staff recommends that the Conditional Use Permit be approved as requested with the condition that should staff or the Planning Commission deem the need for an annual review in any given year, that a public hearing be set before the Planning Commission prior to the following years event. The review could address any problems that may have occurred during the previous years event, and/or may result in modified or new conditions. THE PUBLIC HEARING WAS OPENED. Richard Harlow, 211 Main Street, representing applicant, stated the following concerns with the suggested conditions of approval: Condition No. 2 - change 30 days to 15 days for the prior to event submittal date. Condition No. 2b the applicant would prefer that 3 of his employees act as security guards. Condition No. 2f let the portable toilets be phased in. O Condition No. 3g allow a decrease in the minimum number of security guards if crowds are not large. Kent Snyder, 2212 Dupont Drive, Irvine, attorney representing adjacent complex owners, stated support for the request with the proper conditions. Mr. Snyder's concern involved unruly crowds entering and leaving the festival. He also requested that the annual review of the event remain in the conditions. Mel Hoeflliger, 15555 Huntington Village Lane, adjacent property owner, stated his agreement with the previous speaker's opinion. Sally Gipple, 15555 Huntington Village Lane, adjacent property owner, urged the Commission the conditions outlined in the Entertainment Permit by the Police Department. Josef Bischof, 7561 Center Avenue, applicant, reiterated his request to have 3 of his employees act as security guards and stated that a sound engineer for a noise compliance study would not be necessary as they had their own sound checking device on the premises. Angel Faucett, Old World Bakery, 7561 Center Avenue, #34, spoke in support of the request but asked that the condition for barricades (2d) be eliminated as it keeps business away from the stores. Ursel, Petermann, 7561 Center Avenue, #36, stated that the barricades would hurt business in the area. George Medak, 6230 Majorca Circle, Long Beach, stated that he would prefer that all security guards be licensed and bonded. PC Minutes - 8/9 /94 5 (PCM014) Delores Bischof, owner and resident, spoke in support of the request. Alfred Skistimas, 7561 Center Avenue, #35, spoke in support of the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission question staff as to the triggering of the review process. Staff explained that complaints would trigger a review for possible revocation at the Planning Commission level. The Commission also discussed the security guard issue of using 3 employees and the necessity of being licensed and bonded. A MOTION WAS MADE BY GORMAN, SECOND BY KERINS, TO APPROVE CONDITIONAL USE PERMIT NO. 94-12 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-12: The annual Oktoberfest German Festival held in the Old World Village Festival Hall, with the conditions imposed, is compatible with surrounding land uses which are residential and commercial in nature. The festival hall is located within a Mixed Use development with both commercial and residential uses. Specific conditions of approval, including hours of operation, type of entertainment and security guards will alleviate any potential for nuisances resulting from the Oktoberfest. 2. The proposed Oktoberfest Festival to be held between mid -September and mid - November, will not have a detrimental effect on the surrounding properties. With the conditions imposed, the City has the authority to conduct reviews of the annual events at a Planning Commission public hearing should any problems/nuisances occur. Furthermore, adjacent property owners have been instrumental in formulating new conditions and reviewing prior conditions for the annual Oktoberfest. 3. Conditional Use Permit No. 94-12 for the continuation of the annual Oktoberfest German Festival is consistent with the goals and policies contained in the General Plan. The annual festival is a commercial use held on a temporary basis within a mixed use development; Mixed Use Development land use designation allows commercial activities. PC Minutes - 8/9 /94 6 (PCM014) CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 94-12: 1. The site plan and floor plan received and dated March 21, 1994 shall be the conceptually approved layout. 2. Prior to operation of the annual event, the following shall be submitted and/or completed at least 30 days prior to the event (15 days for this year only-1994): a. Submit evidence of liability insurance and property damage, including product liability, coverage that has been approve by the City's Risk Manager. Such coverage shall be written by an insurance company acceptable to the City in the minimum limits as set by resolution of the City Council. The Old World Owner's Association, City of Huntington Beach, and One Pacific Plaza shall be included as additional insured at the applicant's expense. The insurance policy hall. be made available to the public upon request. b. Submit a written contract for a licensed and bonded professional security service to be approved by the City's Police Department. Such contract shall include the number of security personnel, the quality of the personnel hired, and areas and hours to be patrolled. The security service shall patrol the common area, parking lots, and building at Old World. c. Submit to the Department of Community Development proof of authorization to use off -site parking area(s) as follows: 1. The applicant shall obtain four hundred (400) of -site parking spaces within 500 feet of the event. 2. A plan depicting signage to direct traffic to those areas shall be reviewed and approved by Public Works. d. Submit to the Department of Community Development a traffic control plan approved by the Departments of Public Works, Police and Fire to minimize vehicle traffic through residential areas of Old World. The plan shall include barricades and security people to handle this condition. e. Submit to the Fire Department for review and approval a plan depicting location of food and beverage sales, method to be used to monitor occupant loads, fire evacuation (exit plan), and areas where additional exits will be provided, if required. A copy of the approved plan shall be submitted to the Community Development Department. f. Submit to the Department of Community Development a plan depicting the location and timed phasing of twelve (12) portable bathrooms, none of which shall be placed within the common area except as approved by the association. PC Minutes - 8/9 /94 7 (PCM014) g. Obtain a Certificate to Operate from the Department of Community Development. Such certificate shall be obtained annually, and shall not be issued until completion of all required conditions. Upon submittal of the annual request for a Certificate to Operate, the applicant shall specify the exact dates of the years event (not to exceed 60 days) and submit the dates to the Departments of Community Development, Fire and Police. 3. The annual Oktoberfest event shall conform to the following: a. The event shall be limited to a period not to exceed sixty (60) consecutive days, between September lst to November 30th with specific dates to be submitted to the Police, Fire and Community Development Departments in compliance with Condition No. 2g. b. The type of entertainment shall be restricted to folk type and oompah-pa bands only. c. The hours of operation shall be limited to between the following: Monday/ Tuesday Closed Wednesday Thursday 7:00 PM - 11:00 PM 11:30 AM - 1:30 PM, 7:00 PM - 11:00 PM Friday 6:30 PM - 1:00 AM Saturday 6:30 PM - 1:30 AM Sunday 2:00 PM - 9:00 PM d. The north doors to the dance hall shall be closed at all times during hours of live entertainment. The doors are required to have one (1) security guard assigned to them during hours of entertainment. EXCEPTION: North doors may remain open until 10:00 p.m. on first three (3) Fridays and first three (3) Saturdays in October. e. The south doors shall remain closed except for pedestrian ingress and egress. EXCEPTION: The south doors that separate the dance hall and outdoor patio (south) may remain open until 12:00 midnight, Friday and Saturday only. f. Lines shall not be permitted to form on Huntington Village Lane or in the north parking lot of Old World. g. The minimum number of uniformed security guards shall be as indicated in the Entertainment Permit issued by the Police Department. Up to three (3) of the required security guards may be employees of the applicant; the remaining balance of required guards shall be licensed and bonded. PC Minutes - 8/9 /94 8 (PCM014) h. Temporary traffic signage shall be installed to direct traffic to the off -site parking areas. i. The westerly parking lot (on Center Drive) at Old World Village shall not be used by Oktoberfest patrons until 10:00 PM. j. Parking shall be prohibited on Center Drive and Huntington Village Lane during the Oktoberfest. The applicant shall provide and install temporary "no parking" signs on Huntington Village Lane. k. No permanent structures shall be a part of the approval of the conditional use permit. No structure shall be removed during the Oktoberfest event without the written approval of the Department of Community Development. Any proposed fencing shall be subject to the absolute discretion of the Huntington Beach Fire Department to assure adequate fire access lanes are maintained. Location and type of temporary seating shall be subject to Fire Department control. m. The occupant load shall be monitored by Fire Department personnel at the applicant's expense. n. Use of any outside speakers shall be prohibited. o. Twelve (12) portable bathrooms shall be provided within the open patio area to accommodate Oktoberfest patrons. p. Implement the use of a "wristband" type monitoring device to control alcohol consumption during weekdays when minors are allowed into the facility. q. All conditions set forth in the annually approved entertainment permit shall be complied with. 4. The Community Development Department shall have the discretion to employ a professional sound engineer at the applicant's expense to monitor the noise levels on the premises. 5. Following the completion of the event, the applicant shall remove any temporary structures within three (3) days after the conclusion of the Oktoberfest. 6. The event may be terminated immediately by City staff, which may include representatives from the Police, Fire or Community Development Departments, if any of the conditions of approval as set forth in this conditional use permit are not completed and/or complied with. This condition shall not in any way limit the City's authority should any other violations of City codes and ordinances occur. PC Minutes - 8/9 /94 9 (PCM014) CODE REOUIREMENTS: 1. 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. 4. The Planning Commission reserves the right to revoke Conditional Use Permit No. 94- 12 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. The Planning Commission shall conduct a public hearing to address the violations. B-4 CONDITIONAL USE PERMIT NO. 94-18/CONDITIONAL EXCEPTION (VARIANCE) NO. 94-19: APPLICANT: Side by Side, 16091 Gothard Street, Huntington Beach, CA 92647 LOCATION: 16091 Gothard Street Side by Side received Conditional Use Permit No. 92-23 for a 24-hour ice skating and roller skating rink complex in September 1992. A variance for reduced parking was also approved. Due to the shortage of parking, a condition of approval was that the complex's party room not be used when public skating sessions were offered. Side by Side is now requesting to use the party room at any time, to have live entertainment and dancing in the room, to have bingo once a week in the room and to use the room for community meetings. In order to accommodate the increased parking demand from these events, a variance for off -site parking on two (2) nearby lots is also requested. PC Minutes • 819 /94 10 (PCM014) STAFF RECOMMENDATION: Staff is recommending the Planning Commission approve the conditional use permit with conditions and the variance for off -site parking for one (1) of the parking lots (adjacent and immediately to the north of the subject site) based on the following: The use will not be detrimental to the general welfare of persons residing or working in the vicinity, nor will it generate create an undue traffic problem. • The use conforms to the goals and policies of the General Plan. THE PUBLIC HEARING WAS OPENED. Sara Borzcik, 6171 Moonfield Drive, spoke in support of the request. She stated that the request was a secure, protected venue for the youth. She also stated that security guards are present and their is a dress code. Pam Fellows, 16951 Westport Drive, spoke in support of the request. Marcus Silverberg, 6200 Edinger Avenue, spoke in support of the request. Morton Rubin, 16091 Garthland, applicant, presented to the Commission letters of appreciation for organizations who have had associations with the business. Mr. Rubin stated that they did have a dress code, they can refuse service to anyone, and alcohol is not allowed. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed their concern with the applicant's request to have parking across Gothard Avenue. They felt it would create a dangerous situation. The Commission also suggested that the 6 month review be conducted by staff, and a condition that no alcohol be allowed on the premises be added. A MOTION WAS MADE BY KERINS, SECOND BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO. 94-18 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 94-19 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED PC Minutes - 8/9 /94 11 (PCM014) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-18: 1. The location, site layout, and design of the party room as part of the existing skating complex properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The existing building which houses the party room is properly situated in relation to adjacent streets and uses. 2. The access to and parking for the proposed live entertainment, dancing, and bingo uses as part of the existing skating complex does not create an undue traffic problem. Ingress and egress to the site are properly integrated to Gothard Avenue. A parking analysis prepared for the applicant shows that there will be sufficient parking for the proposed use given the availability and approval of the off -site parking area. The adjacent property owner has agreed that the project may use 59 parking spaces in the evening hours which will accommodate estimated peak parking demand. The Rosalynn's Restaurant site is not counted towards the required parking. 3. The proposed project is consistent with the General Plan Land Use designation of Industrial because Article 963, Unclassified Uses, of the Huntington Beach Ordinance Code permits commercial recreation uses such as skating rinks to locate in any zone, subject to conditional use permit approval by the Planning Commission. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 94-19: 1. The granting of Conditional Exception (Variance) No. 94-19 for off -site parking at the Pedigo Industries property immediately north of the subject site with 59 spaces will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the vicinity; the Rosalynn's Restaurant site on the east side of Gothard Street was not approved for meeting parking requirements. The present circulation patterns on the site provide safe and adequate access from the site to the intersecting public streets. The applicant has submitted a parking study that identifies peak hours of parking demand which can be accommodated by the subject site and the Pedigo parking lot. A condition of approval to review the project, including parking, in six (6) months will insure that the public and surrounding properties will not be adversely impacted by the use of off -site parking. 2. 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. The site is located in an area with several industrial/commercial uses. The constraints of the existing building on -site prohibit the applicant from restriping the lot for additional parking spaces. PC Minutes - 8/9 /94 12 (PCM014) 3. The granting of a conditional exception (variance) for off -site parking is necessary in order to preserve the enjoyment of one or more substantial property rights. A commercial recreation use or skating rink is an unclassified use permitted in any zone subject to a conditional use permit. 4. The Conditional Exception (Variance) for off -site parking at the Pedigo Industries property immediately north of the subject site is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of General Industrial because the skating rink complex is an unclassified use permitted in any zone subject to approval of a conditional use permit. 5. The establishment, maintenance and operation of the proposed off -site parking will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. A condition of approval to restrip the off -site parking area will insure that use of the parking area will not be detrimental to the public and surrounding uses. 6. The applicant is willing and able to carry out the purposes for which the conditional exception (variance) is sought and he will proceed to do so without unnecessary delay. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.94-18/ CONDITIONAL EXCEPTION (VARIANCE) NO.94-19: 1. The site plan and floor plans for the skating complex and off -site parking area owned by Pedigo Industries due north of the subject site received and dated May 17, 1994 and the floor plan for the party room for bingo use received and dated July 27, 1994 shall be the conceptually approved layouts with the following modifications: a. Indicate the location of all off -site parking spaces on the plans. b. Maximum seating for the bingo use will be for 100 players. 2. Prior to use of the party room for live entertainment, dancing or bingo, the applicant/owner shall complete the following: a. Submit copy of the revised site and floor plans pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. The off -site parking area (Pedigo site) will be restriped in accordance with Huntington Beach Ordinance Code Article 960. 3. The use shall conform to the following: a. All conditions of the entertainment permit as approved by the Police Department. b. No more than 100 bingo players will be present for the bingo games. PC Minutes - 819 /94 13 (PCM014) c. Bingo games will not be held in conjunction with any live entertainment and/or dancing events. d. The security guards shall be on duty to monitor parking, trash and noise from one half hour prior to one (1) hour following all live entertainment and/or dancing events. e. Maximum dance floor area will be 1,728 square feet. 4. Should Pedigo Industries terminate its parking agreement with Side by Side for use of the 59 off -site parking spaces, Conditional Use Permit No. 94-18/Conditional Exception No. 94-19 will be reviewed by the Planning Commission to evaluate other parking alternatives. The live entertainment, dancing and bingo events will cease upon termination of the parking agreement and pending Planning Commission action. 5. Fire Department requirements are as follows: a. Maintain 44 inch aisle width between bingo tables. 6. Public Works Departments are as follows: a. A trip generation study, prepared to the specifications of the Public Works Department, shall be prepared during the six (6) month period following Planning Commission action. The study will be evaluated at the time of the six (6) month review pursuant to Condition No. 7. 7. A review of the use shall be conducted by staff within six (6) months of the date of approval by the Planning Commission 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, the Planning Commission shall conduct a public hearing to consider revocation of Conditional Use Permit No. 94-18/Conditional Exception No. 94-19. 8. The Planning Commission reserves the right to revoke this conditional use permit and conditional exception if any violation of these conditions or the Huntington Beach Ordinance Code occurs. CODE REOUIREMENTS: 1. This conditional use permit and conditional exception (variance) 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 - 8/9 /94 14 (PCM014) 1 2. Alcohol sales shall not be prohibited on the premises unless a conditional use permit for the purpose of alcohol sales is approved by the Planning Commission. 3. Bingo games shall be conducted in accord with the Huntington Beach Municipal Code. B-5 USE PERMIT NO.93-68(R) WITH SPECIAL PERMIT/CONDITIONAL EXCEPTION NO.93-36(R): APPLICANT: Jon E. Lunstrom, Lunstrom & Associates, 17500 Redhill Avenue, Suite 210, Irvine, CA 92714 LOCATION: 16242 Beach Boulevard (southeast corner of Beach Boulevard and Stark Avenue) Use Permit No. 93-68(R) with Special Permit/Conditional Exception No. 93-36(R) is a request to construct a new retail shopping center on a five acre site, consisting of a 53,321 square foot sporting goods store known as "Sports Chalet" and a 23,990 square foot bookstore and coffee bar known as "Barnes & Noble" and Starbucks". The project also includes a request for a reduction in the number of required parking spaces from 394 spaces to 295 spaces and a Special Permit for 53 spaces (18%) to be compact size parking spaces. STAFF RECOMMENDATION: Staff is recommending approval of Use Permit No. 93-68(R)/Conditional Exception No. 93-36(R) for the following reasons: 01 The proposed retail center is compatible with the surrounding land uses in the area. 4 The proposed retail center conforms to the goal and policies of the General Plan. The proposed retail center 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. A parking study indicates that sufficient parking can be provided on -site during peak hours of operation based upon the proposed uses. A reduction in the parking requirement reflects the significant amount of building area devoted for warehouse/storage purposes by the proposed "big box" retail uses. PC Minutes - 8/9 /94 15 (PCM014) THE PUBLIC HEARING WAS OPENED. Jon E. Lunstrom and John Lunsford, applicants, stated they were available to answer any questions the Commission may have. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY KERINS, SECOND BY GORMAN, TO APPROVE USE PERMIT NO.93-35(R) AND CONDITIONAL EXCEPTION (VARIANCE) NO.93-68(R) WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - USE PERMIT NO 93-68(R): 1. Use Permit No. 93-68(R) with Special Permit for the establishment, maintenance and operation of the 77,311 square foot retail shopping center will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The project involves the consolidation of several parcels of land and the location, site layout and design of the proposed retail shopping center properly adapts the proposed structures and uses in a harmonious manner. The project will close and consolidate existing driveways to better align with median openings and'turn Ianes on Beach Boulevard and Stark Avenue. b. The property and improvements in the vicinity of such use or building. The applicant will dedicate a nine (9) foot strip of land along a portion of Beach Boulevard to the City for street widening purposes, the project is anticipated to result in less vehicle trips and, therefore, less congestion on the surrounding streets than previously existed on this site, the project will upgrade existing water service systems, and will tie into other existing City infrastructure. 2. The granting of Use Permit No. 93-68(R) with Special Permit will not adversely affect the General Plan of the City of Huntington Beach. The proposed 77,311 square foot shopping center is consistent with the goals and objectives of the General Commercial land use designation of the Land Use Element of the General Plan. PC Minutes - 8/9 /94 16 (PCM014) 3. The location, site layout, provisions of parking and design of the proposed retail shopping center properly adapts 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. FINDINGS FOR APPROVAL - SPECIAL PERMIT FOR 18% COMPACT PARIQNG SPACES: 1. The special permit for 18 percent compact parking spaces (53 spaces) is consistent with the City's parking requirement of a maximum of 20 percent and will not result in a detrimental impact on the existing retail center or surrounding arterial highways. 2. The special permit will not adversely affect the circulation and safety of the use, structure or site, or adjacent land uses as indicated in the traffic study dated June 22, 1994. The required back up space and size of parking spaces will be provided. 3. The special permit will result in a more effective and efficient circulation pattern and parking layout. The combination of standard size and compact size parking will provide ample parking for the proposed retail uses. 4. The special permit will not be detrimental to the general public health, safety, welfare, or convenience, nor injurious to property values in the vicinity. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 93-36(R)- 1. The granting of a conditional exception (variance) for a reduction of 99 parking spaces is necessary in order to preserve the enjoyment of one or more substantial property rights, in order to facilitate the development of a commercial complex as a center of activity in the City. 2. There are exceptional or extraordinary circumstances or conditions applicable to the buildings involved that do not apply generally to other property or uses in the district The property is five (5) acres in size and the two (2) larger retail buildings have warehouse/storage areas. In addition, a traffic study has been prepared that indicates there is an offset of peak parking demand periods for each of the uses resulting in the justification for shared parking. 3. The granting of Conditional Exception (Variance) No. 93-36(R) for a reduction of 99 parking spaces will not be materially detrimental to the public health, safety and welfare, nor injurious to the surrounding land uses, property values, or improvements in the neighborhood, as the amount and distribution of the on -site spaces is sufficient to meet the peak demand of the site, as well as facilitate the orderly movement of traffic entering, parking and exiting the site. PC Minutes - 8/9 /94 17 (PCM014) 4. The reduction in parking spaces for the proposed 77,311 square foot retail shopping center is consistent with the goals and objectives of the City's General Plan Land Use designation of General Commercial, in that the proposed use will increase the tax base of the City and will provide a node of commercial activity within the northern portion of Huntington Beach. 5. The granting of this conditional exception (variance) from Section 9602.2R of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to provide sufficient parking for all retail uses on -site. The parking study submitted by the applicant demonstrates ample parking provided for all uses. CONDITIONS OF APPROVAL - USE PERMIT NO.93-68(R)/CONDITIONAL EXCEPTION NO. 93-36(R): 1. The site plan, floor plans, and elevations received and dated June 13, 1994 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three (3) copies of the site plan to the Planning Division for addressing purposes. if street names are necessary, submit proposal to Fire Department for review and approval. b. Depict all utility apparatus, such as but not limited to back flow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. Elevations shall depict colors and building materials proposed. d. 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. e. The applicant shall complete and submit an asbestos disclosure form and follow standard procedure to notify the South Coast Air Quality Management District a minimum of ten (10) days prior to any demolition. f. 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. PC Minutes - 819 /94 18 (PCM014) g. 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. h. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. 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. 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. Security type plants to reduce concealing and loitering shall be provided between the easterly wall of the easterly building (new Sports Chalet) and the easterly property line. 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. The subject property shall make an offer to enter into irrevocable reciprocal driveway easement(s) between the subject site and the adjacent southerly property. A copy of the legal instrument shall be approved by the Community Development Department and 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. d. A parcel map consolidating all the subject parcels shall be submitted. Said map shall be recorded prior to final inspection and a copy submitted to the Department of Community Development. e. Submit a parking Management Plan for review and approval by the Community Development Department which contains parking spaces designations for tenants/employees. PC Minutes - 8/9 /94 19 (PCM014) f. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction Phases I through III. g. Submit copy of completed FEMA Elevation Certificate. h. A planned sign program shall be submitted and approved for all signing. Said program shall be approved prior to the first sign request. i. Submit a covenant to limit present and future retail uses to be identical or similar to those uses analyzed in the traffic and parking study dated June 22, 1994. The covenant shall stipulate that any proposed use other than those previously analyzed shall be subject to review and approval of a subsequent parking study. The covenant shall be reviewed and approved as to form by the City Attorney's Office and recorded at the Orange County Recorder's Office. A copy of the recorded document shall be submitted to the Community Development Department for inclusion in the file. j. Submit an interim parking plan for all phases of construction subject to review and approval by the Community Development Director. 4. The Public Works Department Requirements are as follows: a. The Developer shall submit a separate utility plan, showing water system improvements including service connections to each building, fire hydrants, valves, backflow devices and other appurtenances in accordance with applicable sections of the Uniform Plumbing Code (U.P.C.), applicable City Ordinance, Public Works Standards and Water Division Criteria. These plans shall be approved, prior to any construction, by the Public Works Division and the City of Huntington Beach Fire Department. b. The water system shall be located within vehicle travelways in an easement dedicated to the City. The developer shall be held responsible for repairing or replacing any enhanced pavement, if the water mains, etc., require repair or maintenance. c. The water system shall be designed per the City of Huntington Beach Water Division's Design Criteria and installed per the City of Huntington Beach Water Division's Standard Plans and Specifications. d. The proposed water system shall be looped to Beach Boulevard and Stark Avenue, as well as to the Von's Pavilion Shopping Center. (Minimum water main size shall be 8 inches). The developer shall submit hydraulic calculations supporting the proposed water system design. PC Minutes - 8/9 /94 20 (PCM014) e. Each proposed building shall have a separate, two (2) inch domestic water service per Water Division Standard Plans 603B and 609, and a separate fire service, four (4) inch minimum, per Water Division Standard Plan 618. f. The landscape irrigations system shall be designed and constructed to include a separate water service connection. g. The developer shall use "drought tolerant" plants and turf for all common area landscaping. Landscape plans shall be approved prior to approval of grading plan. The developer shall submit irrigation demands to ensure proper irrigation service sizing. h. 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. i. The developer shall be responsible for the payment of any additional fees adopted in the upcoming Water Division Financial Master Plan if adopted prior to issuance of building permits. j. Fire hydrant locations shall be approved by the Fire Department. Existing fire hydrant laterals shall be abandoned. k. Remove and replace existing curb, gutter and sidewalk along portions of Stark Avenue, adjacent to the project, as per the approval of the Public Works Department 1. Remove all existing driveways on Stark Avenue, adjacent to this project. m. A grading plan shall be reviewed and approved by to issuance of building permits. n. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. o. All proposed driveways along Stark Avenue shall be of radius type construction per standard plan no. 211A and B. p. Stark Avenue shall be slurry sealed to centerline, adjacent to project. 5. Fire Department requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. PC Minutes - 8/9 /94 21 (PCM014) b. Service roads and fire lands, as determined by the Fire Department, shall be posted and marked. c. 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. d. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. e. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. f. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. 6. The applicant shall obtain demolition permits from the Community Development Department for all structures set for demolition. 7. Any change to a different type of use other than identified in the parking study and/or covenant, both noted herein, shall be subject to review and approval of a subsequent parking study, prepared at the expense of the property owner. 8. All trees removed as a result of the project shall be replaced on -site at a 2:1 ratio. 9. The five (5) foot strip of land the entire length of the east property line shall be permanently landscaped and maintained by the property owner. 10. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 11. 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. 12. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within 12 months. 13. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 14. 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; PC Minutes - 8/9 /94 22 (PCM014) 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. 15. 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. d. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. e. Compliance with all conditions of approval specified herein shall be accomplished. 16. The Planning Commission reserves the right to revoke Use Permit No. 93-68(R) with Special Permit and Conditional Exception (Variance) No. 93-36(R) if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 17. Use Permit No. 93-68(R) with Special Permit and Conditional Exception (Variance) No. 93-36(R) 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. All Public Works fees shall be paid. 2. The applicant shall meet all applicable local, state and federal codes, ordinances and standards. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department requirements, including floodplain construction requirements. PC Minutes - 8/9 /94 23 (PCM014) 4. 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. B-6 SPECIAL SIGN PERMIT NO.94-1: APPLICANT: TNT Neon Sign Company, 1436 Cherry Avenue, Unit C, Long Beach, California 90813 LOCATION: 6033 Warner Avenue (northeast corner of Warner Avenue and Springdale Avenue) Special Sign Permit No. 94-1 is a request to enlarge an existing 60 square foot pole sign to 64 square feet, in lieu of the 30 square foot code requirement, and to reduce the existing height from 25 feet to 11 feet, in lieu of the seven (7) foot high code requirement. STAFF RECOMMENDATION: Staff is recommending approval of Special Sign Permit No. 94-1 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 if strict compliance with the sign code is not relieved. THE PUBLIC HEARING WAS OPENED. Annie Tan, 1436 Cherry Avenue, #C, Long Beach, applicant submitted a colored rendering to the Commission. She also stated that the address had inadvertently be omitted. PJ PC Minutes - 8/9 /94 24 (PCM014) I A MOTION WAS MADE BY RICHARDSON, SECOND BY BIDDLE, TO APPROVE SPECIAL SIGN PERMIT NO.94-1 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Biddle NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO.94-1: 1. Special Sign Permit No. 94-1, for an 11 foot high, 64 square foot tenant directory pole sign in lieu of the code required 7 foot high, 30 square foot 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. 2. Strict compliance with Article 961 will result in a substantial hardship to the applicant due to the physical constraints of the property, including the site layout and traffic signals, which impair the visibility of the sign. 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. 94-1: 1. The site plan and sign elevations received and dated July 20, 1994, shall be the conceptually approved layout which includes the center's address incorporated into the sign. CODE REOUIREMENT: 1. This special sign permit shall not become effective until the ten (10) day appeal period has elapsed. PC Minutes - 8/9 /94 25 (PCM014) C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JUNE 28, 1994: A MOTION WAS MADE BY RICHARDSON, SECOND BY GORMAN, TO APPROVE THE PLANNING COMMISSION MINUTES DATED JUNE 28,1994, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Biddle NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED JULY 12, 1994: A MOTION WAS MADE BY RICHARDSON, SECOND BY GORMAN, TO APPROVE THE PLANNING COMMISSION MINUTES DATED JULY 12,1994, BY THE FOLLOWING VOTE: AYES: Kerins, Dettloff, Richardson, Biddle NOES: None ABSENT: Inglee, Newman ABSTAIN: Gorman MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 ONE (1) YEAR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO.93-15: APPLICANT: The Planning Consortium, 1111 Town and Country Road, Suite 37, Orange, California 92668 LOCATION: 1905 Main Street (Huntington Beach Union High School) PC Minutes - 8/9 /94 26 (PCM014) The applicant is requesting a one (1) year extension of time for Conditional Use Permit No. 93-15, which was approved by the Planning Commission on July 7, 1993. Conditional Use Permit No. 93-15 permits an existing cellular communication facility which includes a sixty (60) foot tall monopole and an approximately 485 square foot equipment building, and allows for a thirty (30) foot extension to the height of the monopole. The facility is located on the Huntington Beach Union High School campus adjacent to the athletic fields and bus parking lot. STAFF RECOMMENDATION: Staff is recommending that the Planning Commission approve a one (1) year extension of time for Conditional Use Permit No. 93-15 to July 7, 1995, with all previously approved findings and conditions of approval to remain in effect. A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO APPROVE A ONE (1) YEAR EXTENSION OF TIME TO JULY 7, 1995, FOR CONDITIONAL USE PERMIT NO. 93-15 WITH ALL PREVIOUSLY APPROVED FINDINGS AND CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Biddle NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMSANOUIRIES Commissioner Richardson - requested staff to ensure that the attachments in the Staff Reports be in their proper order. He also requested staff to investigate the status of the request for lights to be put up at Harborview Elementary School. F. COMMUNITY DEVELOPMENT ITEMS Howard Zelefsky, Planning Director, reiterated actions taken at the August 1, 1994 City Council meeting. PC Minutes - 8/9 /94 27 (PCM014) 1 r� G. ADJOURNMENT A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO ADJOURN TO A 5:30 PM STUDY SESSION TUESDAY, AUGUST 23 1994, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Biddle NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED /kjl APPROVED BY: and Zelefsky, eta Planning ommission Chai on 4j" � PC Minutes - 8/9 /94 28 (PCM014)