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HomeMy WebLinkAbout1994-09-13APPROVED 9/27/94 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, SEPTEMBER 13, 1994 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM MAJOR PROJECTS PRESENTATION AGENDA REVIEW REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle A. ORAL COMMUNICATIONS (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. None B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO. 94-6: APPLICANT/ PROPERTY OWNER: Gary Defreitas , 2405 Cliff Drive, Newport Beach, California LOCATION: 20042 Beach Boulevard (Approximately 120 ft, south of Adams Avenue in the Seabridge Center) This represents a proposal to develop a 5,088 square foot, seven (7) bay, self-service car wash on a vacant parcel in the Seabridge Center. The car wash is proposed to operate 24 hours a day with on -site staff present from 8:00 A.M. to 4:00 P.M. Parking is the main issue of this proposal. The Seabridge Center is subject to a reciprocal parking agreement requiring a minimum of 148 reciprocal parking spaces. The applicants have proposed a total of 147 parking spaces. This total includes four (4) spaces located on the subject property that are adjacent to vacuums. The applicants intend to keep these spaces available for reciprocal parking through the use of signs. The signs would indicate that these four -spaces are -available for parking by customers of the adjacent uses. STAFF RECOMMENDATION: Staff is recommending approval of the project based upon the that fact that, 1) the proposed car wash is in compliance with the.goals and objectives of both the General Plan and Seabridge Specific Plan, 2) the proposed car wash is compatible in design and materials with adjacent structures, 3) access and stacking for the proposed car wash are sufficient, and 4) the off -set peak hours of operation justify the loss of one reciprocal parking space (total 147 reciprocal parking spaces). THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY BIDDLE, SECOND BY KERINS, TO APPROVED CONDITIONAL USE PERMIT NO.94-6 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 94-6: 1. The granting of Conditional Use Permit No. 94-6, the proposal to develop a two story, 5,088 square foot, seven (7) bay, self-service car wash, is consistent with the Planned Development land use designation of the General Plan and with the Seabridge Specific Plan, Area B-1 requirements. PC Minutes - 9/13/94 2 (pcm0016) 2. The design and materials of the proposed two story, 5,088 square foot, seven (7) bay, self-service car wash blends with the surrounding Seabridge Center and surrounding residential uses. The flagstone and wood siding are consistent with materials on surrounding residential structures. The location of the car wash and 25' landscape buffer minimize impacts along Beach Boulevard. 3. The proposed two story, 5,088 square foot, seven (7) bay, self-service car wash contains sufficient stacking area to minimize impacts and conflicts with vehicles within the Seabridge Center. The stacking area in front of the self-service washing bays and in front of the laser guided bays is sufficient to minimize conflicts with vehicles in the travel lanes of the Seabridge Center. 4. On -site parking and circulation are adequate for the proposed two story, 5,088 square foot, seven (7) bay, self-service car wash. The proposed signs informing patrons that the four (4) parking stalls on the southern property line are open and available for parking by patrons of the adjacent office and restaurant uses meet the intent of the reciprocal parking agreement. The total of 147 reciprocal parking spaces for the center is adequate due to the off -set peak hours of operation. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 94-6: 1. The site plan, floor plans, and elevations received and dated June 28, 1994 shall be the conceptually approved layout with the following modifications: a. There shall be direct visibility of the change machine from either Adams Avenue or Beach Boulevard. 2. Signs, informing patrons that the four (4) parking stalls along the southern property line are open and available for parking by patrons of the office and restaurant, shall be posted at all times on the spaces adjacent to vacuums. 3. Conditions of Approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 4. The 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 All Public Works fees shall be paid prior to issuance of building permits. c 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 required prior to the issuance of a grading permit. PC Minutes - 9/13/94 3 (p=0016) 5. 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 Specifications No. 428. The address 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. c. - The following note shall be included on the plans, "The project will comply with all provisions of the Huntington Beach Fire Code and City Specification No. 422 and No. 431 for the abandonment of oil wells and site restoration." d. The following note shall be included on the plans, "The project will comply with all provisions .of the Huntington beach Municipal Code -Title .17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. 6. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No's. 4, 5 and 6 for review and approval and inclusion in the entitlement file. b. 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 9608 and Article 960 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. c. 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. e. All applicable Public Works fees shall be paid. 7. 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. PC Minutes - 9/13/94 4 (p=0016) 8. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 9. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. d. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. f. Compliance with all conditions of approval specified herein shall be accomplished. 10. The Planning Commission reserves the right to revoke Conditional Use Permit No. 94- 6 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 11. Conditional Use Permit No. 94-6, a permit to construct a seven bay car wash, shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. CODE REQUIREMENTS 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 provisions of the Ordinance Code, Building Division and Fire Department PC Minutes - 9/13/94 5 (p=0016) 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-2 CONDITIONAL USE PERMIT NO.94-15/CONDITIONAL EXCEPTION (VARIANCE) NO. 94-26: APPLICANT: Harris, Pettett & Kent Architects, 2120 Main Street, Suite, Huntington Beach, CA 92648 LOCATION: 17331 Beach Boulevard (Beach Motors) Conditional Use Permit No. 94-15 and Conditional Exception (Variance) No. 94-26 represent a request by Harris, Pettett & Kent Architects, to permit a 6900 square foot two (2) story addition to the existing Beach Motors Car Dealership at 17331 Beach Boulevard. The proposal includes variances to permit six (6) foot wide streetside landscape planters in lieu of the code required nine (9) foot wide planters adjacent to car display areas, and a 38 foot front building setback in lieu of minimum 50 feet. The addition will provide additional space for the Mazda Dealership which will be relocating from the adjacent property located south of Beach Motors. The construction will involve a two (2) story addition on the southern end of the building, which includes office and storage space, and a two space car wash. The applicant will be providing additional landscape planters in and around the auto display and customer parking areas. STAFF RECOMMENDATION: Staff recommends the Planning approve the building addition and the variance for the reduced front setback, however staff does not support the variance request for the reduced streetside landscape planter based upon the following: The use is compatible -with surrounding land -uses and is -consistent with the goals and - policies of the General Plan. The building encroachment into the front setback area only includes a new architectural element (stucco pilasters) and does not provide additional floor area; it does not impact site angle visibility for motorists on -site and on Beach Boulevard. PC Minutes - 9/13/94 6 (p=0016) C Increased streetside landscaping would enhance the view of motorists driving up and down Beach Boulevard, and still provide a visible and attractive display area. Closure of the southerly driveway, restriction of the northerly driveway to a service entrance only, and allowing circulation around the building as recommended by staff will minimize traffic and circulation impacts on -site, and to Beach Boulevard. THE PUBLIC HEARING WAS OPENED. Jim Harris, representing applicant, stated that they were concerned with the additional landscaping proposed by staff, which would delete one row of cars on display. Mr. Harris also stated their concern regarding the circulation pattern suggested by staff. They are opposed to customers driving around the rear of their building and through their back lot which holds new cars and customers cars. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the current circulation versus the proposed circulation pattern. They decided to allow three lanes to enter the service area using them for ingress and egress according to traffic needs, with no reverse traffic. A MOTION WAS MADE BY KERINS, SECOND BY RICHARDSON, TO APPROVE CONDITIONAL USE PERMIT NO.94-15 AND CONDITIONAL EXCEPTION (VARIANCE) NO.94-26 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-15: 1. Conditional Use Permit No. 94-15 for the construction of a 6900 square foot two (2) story addition to the existing Beach Motors Car Dealership will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The addition will occur generally to the south end of the existing building, toward the car display and customer parking areas. Residential units to the west will not be impacted by the addition. Construction hours have be specified to minimize any noise impacts to surrounding properties. PC Minutes - 9/13/94 7 (p=0016) b. Property and improvements in the vicinity of such use or building. With the conditions imposed, the access to and parking for the addition to the existing Beach Motors Car Dealership will not create an undue traffic problem. 2. The proposed project is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of General Commercial. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 94-26: 1. The granting of a Conditional Exception (Variance) No. 94-26 for a reduced front building setback and reduced streetside planter width in front of the building area only will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under the identical zone classification. The encroachment will provide architectural relief for. the newly designed building; no additional floor area will encroach further than what currently exists. 2. Because there are special circumstances or conditions applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. 3. The granting of a Conditional Exception (Variance) No. 94-26 for a reduced front building setback and reduced streetside planter width in front of the building area only is necessary in order to preserve the enjoyment of one or more substantial property rights. The variance will allow for additional office and storage area necessary for the car dealership. 4. The granting of Conditional Exception (Variance) No. 94-26 will not be materially detrimental to the public health, safety and welfare, or injurious to the property in the same zone classification. The reduced front setback and reduced streetside planter width in front of the building area only will not impact circulation to Beach Boulevard or impact the site angle requirement of the City's Ordinance Code. 5. The granting. of Conditional Exception No.- 94-26 for a reduced front building setback and reduced streetside planter width in front of the building area only will not adversely affect the General Plan of the City of Huntington Beach. The proposed project is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of General Commercial. PC Minutes - 9/13/94 8 (p=0016) CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO.94-15 / CONDITIONAL EXCEPTION (VARIANCE) NO.94-26: 1. The site plan, floor plans, and elevations received and dated July 7, 1994 shall be the conceptually approved layout with the following modifications: a. The streetside landscape planters from the southern end of the center drive approach to the southern property line shall be widened to a minimum of nine (9) feet in width. b. The southern most driveway approach along Beach Boulevard shall be closed and replaced with new street improvements per Public Works Department standards. c. The northerly driveway along Beach Boulevard shall be re -designed to allow for a minimum of two (2) lanes of ingress only leading up to the service write-up area. A third lane for ingress or egress may be permitted provided that only the southernmost lane may be used for egress. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. 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. If foil -type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. 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. 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. f. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. PC Minutes - 9/13/94 9 (pcm0016) 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. A parcel map consolidating the two lots occupied by Beach Motors shall be submitted. Said map shall be recorded prior to final inspection and a copy submitted to the Department of Community Development. b. 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 copy 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.- c. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent properties. 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. The major identification sign shall be removed or altered to comply with Article 961. 4. Fire Department requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 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. 5. 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. PC Minutes - 9/13/94 10 (p=0016) 6. 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. All signs shall be brought into compliance with the Huntington Beach Ordinance code. (Article 961) c. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. d Compliance with all conditions of approval specified herein shall be accomplished. 7. Hours of operation for the car wash shall be restricted to 8:00 AM - 10:00 PM. 8. Public address systems shall be restricted to 8:00 AM - 10:00 PM. 9. The Planning Commission reserves the right to revoke Conditional Use Permit No. 94- 15 and Conditional Exception No. 94-26 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 10. Conditional Use Permit No. 94-15 and Conditional Exception No. 94-26 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 applicable Public Works fees shall be paid. 2. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final inspection. 3. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. construction shall be prohibited Sundays and Federal holidays. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 5. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. PC Minutes - 9/13/94 11 (p=0016) B-3 CONDITIONAL USE PERMIT NO. 94-19: APPLICANT: Jeffrey E. Wright, 8901 Warner Avenue, Huntington Beach, CA 92647 LOCATION: 8901 Warner Avenue (northwest corner at Magnolia - Jeremiah's Restaurant) Conditional -Use Permit No. 94-I9 is a request by Mr. Jeffrey E. Wright to re-establish live entertainment and dancing at Jeremiah's Restaurant located at 8901 Warner Avenue following the transfer of the restaurant's ownership. In addition, Mr. Wright proposes to enclose an existing 670 square foot open patio, increasing the restaurant's lounge area for billiard tables and ancillary seating. The request includes a joint use parking agreement with a 34,200 square foot -office. building located on the same parcel. STAFF RECOMMENDATION: Staff supports the applicant's request for the live entertainment and dancing, and the patio enclosure for the following reasons: Through the use of the joint use parking agreement, the restaurant use will not impact the businesses located in the adjacent office building, nor businesses on adjacent properties, since the majority of the businesses close by 6:00 PM. The live entertainment and dancing use will not impact surrounding residential and commercial uses as the office building provides an adequate buffer from Jeremiah's Restaurant. The proposed is consistent with the goals and objectives of the General Plan. THE PUBLIC HEARING WAS OPENED. Jeffrey E. Wright and Ken Beiter, applicant and property owner, stated they were available for 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. PC Minutes - 9/13/94 12 (p=0016) A MOTION WAS MADE BY RICHARDSON, SECOND BY GORMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 94-19 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 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-19: 1. The proposed 670 square foot patio enclosure, and live entertainment and dancing use is compatible with the surrounding land uses. The restaurant is located on the south side of the property away from any residential property. Specific conditions of approval, including requirements specified in the annually approved entertainment permit will alleviate any potential nuisances resulting from the entertainment. 2. The proposed 670 square foot patio enclosure, and live entertainment and dancing use will not have a detrimental effect on the surrounding properties. With the conditions imposed, the parking and noise will not impact the surrounding businesses and residences. 3. Conditional Use Permit No. 94-19 is consistent with the goals and policies contained in the General Plan. The live entertainment and dancing use in conjunction with the restaurant use is consistent with the General Commercial land use designation of the General Plan which allow commercial activities. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO.94-19: 1. The site plan, floor plans, and elevations received and dated June 9, 1994 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. 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. b. If foil -type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. PC Minutes - 9/13/94 13 (p=0016) 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. d. 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. e. 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 r complete the following: a. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent properties. 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. b. Joint use parking shall require that a Joint Use Parking Agreement be recorded on the property prior to issuance of building permits. The agreement shall specify the restrictions of uses and floor areas in Jeremiah's and restriction of hours for the other office uses if necessary. The agreement shall substantiate that the various uses have divergent needs in terms of daytime versus nighttime hours or weekday versus weekends hours. A copy of the legal instrument shall be approved by the City Attorney and Department of Community Development as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy of the recorded agreement shall be filed with the Department of community Development. 4. Fire Department requirements are as follows: a. An automatic fire sprinkler system shall be extended into the enclosed patio area. The system shall be approved and installed pursuant to Fire Department regulations. b. The Fire alarm system shall be extended into the enclosed patio area. c. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. PC Minutes - 9/13/94 14 (pcm0016) C 1 `1 d. 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. 5. All conditions set forth in the annually approved entertainment permit shall be complied with. 6. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 7. Prior to final building permit approval, all signs shall be brought into compliance with the Huntington Beach Ordinance Code. (Article 961) 8. Conditional Use Permit No. 94-19 shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. 9. The Planning Commission reserves the right to revoke Conditional Use Permit No. 94- 19 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 10. Conditional Use Permit No. 94-19 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 REOUII2EMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 3. All applicable Public Works fees shall be paid. 4. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. construction shall be prohibited Sundays and Federal holidays. PC Minutes - 9/13/94 15 (pcm0016) B-4 CONDITIONAL USE PERMIT NO. 94-21: APPLICANT: B. W. Van Solingen Jr., Arbor's Restaurant, 6060 Warner Avenue, Huntington Beach, CA 92647 LOCATION: 6060 Warner Avenue (southeast corner at Springdale - Arbor's Restaurant) Conditional Use Permit No. 94-21 is a request to re-establish live entertainment and dancing at Arbor's Restaurant at 6060 Warner Avenue. Arbor's Restaurant has been in operation since July 1994. The prior tenant, Rube's Restaurant, also had live entertainment and dancing. The applicant has received. an entertainment permit from the Police Department which provides for one or two entertainers and live entertainment/dancing Wednesday through Saturday. No security guards are required. An existing joint use agreement with the adjacent property provides sufficient parking for the proposed dancing activity. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Conditional Use Permit No. 94-21 as requested with findings and suggested conditions of approval based upon the following: • The use will not be detrimental to surrounding land uses and will be compatible with adjoining commercial uses. • The use conforms to the zoning code as well as goals and policies of the General Plan. • The access to and parking for the proposed live entertainment use does not create an undue traffic problem. THE PUBLIC HEARING WAS OPENED. Bill Van Solingen Jr., 6551 Warner, applicant, stated he was available for 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. PC Minutes - 9/13/94 16 (p=0016) A MOTION WAS MADE BY KERINS, SECOND BY INGLEE, TO APPROVE CONDITIONAL USE PERMIT NO.94-21 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 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-21: The establishment and operation of live entertainment and dancing will not be detrimental to the general welfare of persons working or residing in the vicinity, nor be detrimental to property values and improvements in the area. With the conditions imposed, the proposed live entertainment use will not adversely impact the surrounding commercial properties. 2. The granting of Conditional Use Permit No. 94-21 will not adversely affect the General Plan of the City of Huntington Beach. The proposed live entertainment and dancing use is consistent with the General Plan land use designation of commercial, and C2 zoning for the location. 3. The access to and parking for the proposed live entertainment and dancing use does not create an undue traffic problem; there is adequate parking to accommodate restaurant patrons via an existing joint use agreement. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 94-21: 1. The site plan and floor plans dated July 28, 1994 shall be the conceptually approved layout. 2. The use shall conform with all conditions of the Entertainment Permit as approved by the Police Department. 3. The Planning Commission reserves the right to amend the conditions or revoke Conditional Use Permit No. 94-21 if any violation of these conditions occurs. 5. Conditional Use Permit No. 94-21 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. PC Minutes - 9/13/94 17 (p=0016) CODE REOUIREMENTS: 1. The applicant shall meet all applicable local, State and Federal Codes, Ordinances and standards, including Chapter 8.40, Noise, of the Huntington Beach Municipal Code. C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO. 94-6 (1994/95 CAPITAL E%IPROVEMENTS' PROGRAM): APPLICANT: City of Huntington Beach, Department of Administrative Services LOCATION: City -wide - The Government Code of the State of California, Section 65401, provides that a local planning agency review a list of the proposed projects recommended for planning, initiation, or construction during the ensuing fiscal year as to conformity with the local General Plan. The City Department of Administrative Services has submitted a coordinated list of all capital projects recommended by City departments for Fiscal Year 1994/95 in the form of a five (5) year Capital Improvement Program. The Department of Administrative Services requests that the Planning Commission make a finding of conformity of the projects contained in the Capital Improvement Program (CIP) with the General Plan prior to submittal to the City Council. General Plan Conformance No. 94-6 was continued from the August 23, 1994, Planning Commission meeting to allow further review of the proposed projects. The Planning Commission requested that the General Plan Policies be included in the Staff report. Staff has included the relevant General Plan policies in the attached Resolution No. 1498 (Attachment No. 2). The policies are grouped with the CIP projects by department and subject. A list of the funded and unfunded capital projects by department classification is attached on the following -pages for the Planning Commission's review. ---Each project is summarized as to description, need, priority, funded/unfunded status, and cost. Adjacent to each category of projects are the relevant General Plan Elements. The proposed list of project for the FY 1994/94 Capitat Improvement Program represents an updated and continued implementation of the five (5) year Capital Improvement Program. A project may be carried forward due to lack of funding in 1993/94. If the project was funded in 1993/94 but not implemented, it has also been carried forward to 1994/95. PC Minutes - 9/13/94 18 (p=0016) STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve General Plan Conformance No. 94-6 by adopting Resolution No. 1498. A MOTION WAS MADE BY GORMAN, SECOND BY INGLEE, TO APPROVE GENERAL PLAN CONFORMANCE NO.94-6 BY ADOPTING RESOLUTION NO. 1498, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 ONE (1) YEAR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 93-25• APPLICANT/ PROPERTY OWNER: Richard A. Harlow, 21-B Main Street, Huntington Beach, CA 92648 LOCATION: 211 Main Street Richard Harlow, applicant, is requesting a one (1) year extension of time for Conditional Use Permit No. 93-25, which was approved by the Planning Commission on September 21, 1993. The conditional use permit allows the establishment of a 3,484 square foot restaurant with an on -site dining patio, alcoholic beverage sales, live entertainment, and outdoor dining within a public right-of-way (sidewalk area adjacent to curb). The restaurant space is located within District 5a: "Mixed -Use: Commercial/Office/Residential" of the Downtown Specific Plan. Conditional Use Permit No. 93-25 was originally approved for a restaurant known as "Niccole's Cafe;" however, the restaurant never pursued their operation at the subject site. The applicant, who is the property owner, is requesting a one (1) year extension to secure a restaurant tenant that will compliment the downtown area. It is unlikely that the applicant will be able to find such a tenant before the expiration date of September 21, 1994. As such, the applicant is requesting to extend the approval period. PC Minutes - 9/13/94 19 (p=0016) STAFF RECOMMENDATION: Staff is recommending that the Planning Commission approve the request with all previously approved findings and conditions of approval to remain in effect. A MOTION WAS MADE BY RICHARDSON, SECOND BY GORMAN, TO APPROVE A ONE (1) YEAR EXTENSION OF TIME TO SEPTEMBER 21, 1995, FOR CONDITIONAL USE PERMIT NO.93-25, WITH ALL PREVIOUSLY APPROVED FINDINGS AND CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN:. - None MOTION PASSED D-2 USE PERMIT NO. 93-19 WITH A SPECIAL PERMIT - ONE (1) YEAR EXTENSION OF TIME APPLICANT: Bill Kaufmann, Andover Companies, 2517 Third Street, Santa Monica, CA 90405 LOCATION: 17100 Goldenwest Street (Southeast corner at Warner Avenue) Mr. Bill Kaufmann, applicant, is requesting a one (1) year extension of time for Use Permit No. 93-19 with special permits, which was approved by the Planning Commission an August I7, 1993. The use permit allows for the construction of a 253 unit apartment complex at the closed Wintersburg school site located approximately 300 feet southeast of the intersection of Goldenwest Street and Warner Avenue. Building permits were not obtained prior to the expiration date because of the present economic climate (see Attachment No. 1). STAFF RECOMMENDATION: Staff supports the applicant's request with all of the previous conditions of approval to remain in effect. PC Minutes - 9/13/94 20 (p=0016) A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO APPROVE A ONE (1) YEAR EXTENSION OF TIME TO AUGUST 17, 1995, FOR USE PERMIT NO.93-19 WITH SPECIAL PERMITS WITH ALL PREVIOUS CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE: AYES: Gorman, Inglee, Richardson, NOES: Kerins, Biddle ABSENT: Newman ABSTAIN: Dettloff MOTION PASSED E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Ingle - asked staff to investigate the outdoor lighting bill for the deteriorated tennis courts on Algonquin and Edinger, to see if the City pays. If the City does pay, what can be done about canceling payment until the condition of the courts improve. Commissioner Dettloff - asked Steve May, Public Works, what could be done about the eroding walls of the Slater Channel on Finley Street between Edwards and Springdale. Mr. May stated that it was a serious condition but was not in the budget at this time. He stated he would initiate a report to present to City Council on the importance of repairing the wall. Commissioner Dettloff also asked who is responsible for street cleaning on streets that abut brick walls. Steve May stated that the City was responsible, and he would get a schedule to the Commission at the next meeting. Commissioner Dettloff asked for an update on the lights at Harbour View School. Staff stated that they had a meeting with the homeowners, City Attorney and Community Development Director, and are working towards a decision. Staff stated they would keep the Commission informed. F. COMMUNITY DEVELOPMENT ITEMS Howard Zelefsky, Planning Director, restated actions taken at the September 5, and 9, 1994, City Council meetings. PC Minutes - 9/13/94 21 (p=0016) 1 G. ADJOURNMENT A MOTION WAS MADE BY DETTLOFF, SECOND BY RICHARDSON, TO ADJOURN TO A 6:00 PM STUDY SESSION TUESDAY, SEPTEMBER 27, 1994, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED /kjl APPROVED BY: 14w� 7—e-zvz Howard Zelefs ecreta U PC Minutes - 9/13/94 22 Planning Co fission Chairperso (p=0016)