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HomeMy WebLinkAbout1994-09-27APPRO17ED 10/25/94 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, SEPTEMBER 27, 1994 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION -6:00 PM REVIEW OF COMMENTS OF THE BOLSA CHICA EIR 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 F� B. PUBLIC HEARING ITEMS B-1 ZONE CHANGE NO.94-2 (CONTINUED FROM THE AUGUST 23 1994 PLANNING COMMISSION MEETINGI: APPLICANT: City of Huntington Beach 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 on the City's oficial zoning maps within the City of Huntington Beach to coincide with the new zoning district names in 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, and suffix designations will become overlay districts as stipulated in the Zoning and Subdivision Ordinance. This case was continued from the July 26, 1994 Planning Commission meeting to allow discussion on density at the August 9 and 23, 1994, study sessions. Staff presented an overview of the residential areas in the general downtown area and the various methods of calculating density in the each area The Zoning and Subdivision Ordinance subcommittee discussed the district renaming as part of their review of issues trailed from the City Council's public hearing series. At their August 26, 1994, meeting, the subcommittee recommended the renaming of the zoning districts and designators as proposed. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Zone change No. 94-2 with findings of approval and forward to the City Council for Adoption. THE PUBLIC HEARING WAS OPENED. Curt Easterling, 203 - 8th Street, stated concern that there would still be a potential for a 50% increase in density with this Zone Change. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission questioned staff as to the possibility of a 50% increase in density on the any properties as they currently exist. Staff stated that the chances were very slim due to the near build -out of the area and required parking and other standards. PC Minutes - 9/27/94 2 (pcm017) 1 A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO APPROVE ZONE CHANGE NO.94-2 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman NOES: Biddle ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ZONE CHANGE NO. 94-2: The proposed renaming of Rl, R2, R3, R4, and MH to RL, RM, RMH, RH, and RMP, respectively conform with the Land Use Element of the General Plan because the density allowed within each district continues to comply with the goals and policies of the Land Use Element. 2. The proposed renaming of Oldtown District One and Two and Townlot Specific Plan Area One Sections A and B to RMH-A reflects the existing development pattern and is consistent with the proposed General Plan update. 3. The proposed renaming of Cl, C2, C4, and SP-2 to CG; OP to CO; and VSC to CV conform with the Land Use Element of the General Plan because they represent the three commercial categories of commercial addressed in the General Plan. 4. The proposed renaming of MI -A to IL and M1 and M2 to IG conforms with the General Industry category of the Land Use Element of the General Plan. 5. The proposed renaming of ROS, S 1, CC, and WR to Open Space subdistricts conforms with the Open Space categories of the Land Use Element of the General Plan. 6. The proposed renaming of zoning designations for properties used for public -semipublic purposes to Public -Semipublic is consistent with the Public, Quasi -Public, and Institutional category of the Land Use Element of the General Plan. 7. Deletion of -MHF suffix eliminates a conflict with State Law which precludes a City requiring a zone change prior to allowing a manufactured home as a single family residence subject to specific criteria established by the State. 8. Deletion of -PD and -SR suffix will allow planned developments and senior developments in any residential district subject to compliance with the base district provisions. PC Minutes - 9/27/94 (p=017) 9. Renaming the various Specific Plan developments to substitute the plan name with a number which is representative of the order of adoption results in a more efficient and less cumbersome method of identification on the zoning map. B-2 CONDITIONAL USE PERMIT NO. 94-22: APPLICANT: Serge Lopez, 3636 Long Beach Boulevard, Long Beach, CA 90807 LOCATION: 300 Pacific Coast Highway, Ste. 113 (Pierside Pavilion) Conditional Use Permit No. 94-22 is a request for beer and wine sales at the existing Pot of Shrimp Restaurant located in the Pierside Pavilion. Staff has analyzed the request and believes that the on -site sale of beer and wine in conjunction with the restaurant use will be compatible with the existing and surrounding commercial uses in the Pierside Pavilion and the downtown area in general. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Conditional Use Permit No. 94-22 with findings and suggested conditions of approval for the following reasons: • The sale of beer and wine at the existing restaurant will not be detrimental to surrounding land uses and will be compatible with adjoining and commercial uses. • The use conforms to the goals and policies of the General Plan. • The proposed use will not be detrimental to the general welfare of persons residing or working in the vicinity, nor will it generate any additional noise, traffic or other impacts which would be detrimental to residential uses in the vicinity. Staff recommended that an additional condition be added that restricts the employees to park in the on -site structure. Commissioner Newman stated that she would be abstaining from voting on this request in conformance with Planning Commission By-laws. THE PUBLIC HEARING WAS OPENED. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 9/27/94 4 (p=017) A MOTION WAS MADE BY RICHARDSON, SECOND BY KERINS, TO APPROVE CONDITIONAL USE PERMIT NO. 94-22 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Inglee, Dettloff, Richardson, Biddle NOES: Gorman ABSENT: None ABSTAIN: Newman MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-22: The on -site sale of beer and wine at an existing restaurant will be compatible with adjacent and surrounding commercial uses. 2. The granting of Conditional Use Permit No. 94-22 will not adversely affect the General Plan of the City of Huntington Beach. The proposed use is consistent with the General Plan land use designation and zoning for the location which permits the sale of alcohol beverages in conjunction with standard commercial use (restaurant). 3. The existing restaurant with sales of beer and wine will not create any additional parking, circulation or access problems. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 94-22: The site plan and floor plans dated August 3, 1994 shall be the conceptually approved layout. 2. Prior to the sale of alcoholic beverages, the applicant shall complete the following: a. A copy of the Alcoholic Beverage Control (ABC) Board license, along with any special conditions imposed by ABC, shall be submitted to the Department of Community Development. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. b. The applicant shall prepare a parking management plan that provides incentives and requires the employees of the business to park in the on -site parking structure. The plan shall be reviewed and approved by the Community Development Department. 3. Alcohol sales shall not exceed 50 percent of gross food sales (based upon a cumulative total of the last 12 months of sales). Upon request by staff, the applicant shall provide written evidence that this condition is being complied with. PC Minutes - 9/27/94 5 (pcm017) 4. The Planning Commission reserves the right to amend the conditions or revoke Conditional Use Permit No. 94-22 if any violation of these conditions occurs. 5. Conditional Use Permit No. 94-22 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. CODE REOUIREMENTS: 1. The applicant shall meet all applicable local, State and Federal Codes, Ordinances and standards. 2. All signs shall comply with the Huntington Beach Ordinance Code. Portable signs are prohibited. B-3 CONDITIONAL USE PERMIT NO. 94-23: APPLICANT: Jeffrey Rome, AIA and Associates, 250 Newport Center Drive, Newport Beach, California 92650 LOCATION: 221 Main Street, Suites F & O (Southeast corner of Main Street and Olive Avenue) Conditional Use Permit No. 94-23 is a request to establish a 4,130 square foot restaurant with 500 square feet of outdoor dining and sales of alcoholic beverages in an existing mixed use building consisting of restaurant, office and retail uses. The applicant is proposing a full service restaurant which will offer alcoholic beverages with meals, as well as a full bar. In addition, the proposed restaurant will include outdoor dining consisting of 50% (500 square feet) of the second floor balcony area. There is no on -site parking provided at the site. Parking requirements for all the suites within the building, excluding suites F and O, have been met due to parking credits and a "grandfathering"_ clause. However, initial occupancy of suites F and O, as requested by the applicant, can occur only after the remaining number of required parking spaces can be satisfied. As such, the applicant has requested to participate in the in -lieu parking fee program in order to mitigate the parking deficiency. �Vt. PC Minutes - 9/27/94 6 (p=017) STAFF RECOMMENDATION: Staff is recommending the Planning Commission approve Conditional Use Permit No. 94-23 with findings and suggested conditions of approval based upon the following: The restaurant use will be compatible with the surrounding mixed commercial uses and the adjacent residential uses. The use conforms to the goals and policies of the General Plan. The use will not be detrimental to the general welfare of persons residing or working in the vicinity, nor will it generate any significant noise, traffic or other impacts which would be detrimental to adjoining commercial or adjacent residential uses. Discussion ensued among the Commission regarding the use of in -lieu fees versus actual parking spaces. Staff explained the concept. They also questioned which material would be used to bring the patio walls up to six (6) feet. Staff stated that the Police Department had request plexiglass. Commissioner Newman stated that she would be abstaining from voting on this request in conformance with Planning Commission By-laws. 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 KERINS, SECOND BY RICHARDSON, TO APPROVE CONDITIONAL USE PERMIT NO. 94-23 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Richardson, Biddle NOES: None ABSENT: None ABSTAIN: Newman MOTION PASSED PC Minutes - 9/27/94 7 (p=017) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-23: The establishment, maintenance and operation of a 4,130 square foot restaurant with 500 square feet of outdoor dining and sales of alcoholic beverages will not be detrimental to the general welfare of persons working or residing in the vicinity, nor will it be detrimental to property values and improvements in the area. With the conditions imposed, the proposed outdoor dining and sales of alcoholic beverages will not adversely impact the surrounding commercial or residential properties. 2. The location and site layout of the proposed restaurant, as well as implementation of the parking in -lieu fee program and the Police Department's safety measures, properly adopts the proposed use with the surrounding mixed uses in the existing building in a harmonious manner. 3. The granting of Conditional Use Permit No. 94-23 will not adversely affect the General Plan of the City of Huntington Beach. The proposed restaurant use with outdoor dining and sales of alcoholic beverages, is consistent with the General Plan land use designation. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 94-23: The site plan, floor plans, and elevations received and dated August 9, 1994, shall be the conceptually approved layout with the following modifications: a. The designated waiting area shall be increased to include the space between the proposed restaurant and adjacent Suite H on the second floor; b. Sufficient lighting shall be provided in the stairwell and elevator waiting area; c. The height of the patio wall along the second floor balcony shall be raised from the existing height of 40" to a height of six (6) feet. 2. Prior to issuance of building permits, the following shall be completed: a. The property owner shall provide evidence that the in -lieu parking fees have been satisfied for 91 parking spaces. b. A parking management plan shall be prepared that provides incentives and requirements for the restaurant's employees to parking in an off -site parking structure. The plan shall be reviewed and approved by the Community Development Department and Economic Development Department. 3. Fire Department requirements are as follows: a. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. PC Minutes - 9/27/94 8 (pcm017) 1 b. Exit signs and exit path markings shall be provided in compliance with the Huntington Beach Fire Codes and title 24 of the California Administrative Code and will include low level exit signs. c. Fire Protection Systems shall be required for all commercial cooking devices. d. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and uniform Fire Code Standards. Shop drawings shall be submitted and approved by the Fire Department prior to installation. The system shall provide waterflow, valve tamper and trouble detection, 24 hour supervision and audible alarms. e. Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. 4. A minimum of 50% or 500 square feet of the 1,000 square foot outdoor patio terrace area shall remain accessible as open space for public use. 5. Alcohol sales shall not exceed 50 percent of gross food sales (based upon a cumulative total of the last 12 months of sales). Upon request by staff, the applicant shall provide written evidence that this condition is being complied with. 6. This conditional use permit 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. 7. The Planning Commission reserves the right to revoke Conditional Use Permit No. 94-23 if any violations of these conditions or the Huntington Beach Municipal or Ordinance Code occurs. CODE REOU=MENTS: 1. All applicable Public Works fees shall be paid. 2. The project shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 3. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and Standards. 4. All signs shall comply with the Huntington Beach Ordinance Code. Any signs for the restaurant proposed on or visible from the exterior of the building shall be submitted for review and approval by the Design Review Board prior to issuance of sign permits. PC Minutes - 9/27/94 9 (pcm017) The Traffic Impact Fee shall be paid at the time of final inspection or Certificate of Occupancy. B-4 CONDITIONAL USE PERMIT NO. 94-20 WITH SPECIAL PERMITS/ CONDITIONAL EXCEPTION (VARIANCE) NO. 94-23/USE PERMIT NO. 94-57/COASTAL DEVELOPMENT PERMIT NO. 94-4: APPLICANT: Surf City's Cafe, Gary Garcia, 1506 Pacific Coast Highway, Huntington Beach, California, 92648 LOCATION: 1506 Pacific Coast Highway (between 15th and 16th Streets) Conditional Use Permit No. 94-20 with Special Permits/Conditional Exception (Variance) No. 94-23/Use Permit No. 94-57/Coastal Development Permit No. 94-4 represent a request to allow an existing 370 square foot outdoor deck dining area and sales of beer and wine in conjunction with an existing non -conforming restaurant. The variance is for the expansion of greater than ten (10) percent of the existing floor area and the provision of 13 parking spaces in lieu of the 28 spaces required by Code. The Special Permits are for the provision of no landscaping in lieu of the six (6) percent required by code and to maintain a six (6) foot front yard setback in lieu of the code requirement of 25 feet, and to allow a six (6) foot nine (9) inch high patio wall to encroach into the front yard setback in lieu of the 42 inch high code requirement for structures in the front yard setback. The restaurant is both a non -conforming structure and a non -conforming use, as it is located in the residential district (2) of the Downtown Specific Plan. Staff recommends the Planning Commission deny the request based upon the following: The restaurant expansion (outdoor deck) is non -conforming to the High Density Residential land use designation of the Downtown Specific Plan and General Plan. The restaurant expansion is incompatible with the surrounding residential land uses because of the lack of on -site parking, lack of landscaping and the outdoor dining area with beer and wine sales is within 50 feet of residential units. The restaurant expansion is inconsistent with the goals and policies of the General Plan and the General Plan Advisory Committee's recommendation. The use in conjunction with the site's parking deficiency will be detrimental to the general welfare of persons residing or working in the vicinity, and it will create adverse traffic and circulation impacts. PC Minutes - 9/27/94 10 (pcm017) The expansion eliminates existing parking and additional parking for the additional floor area is not provided. Commission Inglee stated he would be abstaining in accordance the Planning Commission By- laws. THE PUBLIC HEARING WAS OPENED. Gary Garcia, 1506 Pacific Coast Highway, applicant, gave a brief history of the site. He stated that he attempted to get to get construction permits, but was told it was not necessary. He also stated that he had increased the parking spaces from seven (7) to 13, that the majority of his patrons walked to the site, and the landscaping was not completed because he had been issued a stop work order. John Walt, 1400 Pacific Coast Highway, spoke in support of the request. Mr. Walt stated that the site added a village concept to the area. Lucia Fletcher, 1516 Pacific Coast Highway, 4101, adjacent resident spoke in opposition to the request. She was concerned with the additional noise that may be generated with the sales of beer and wine. Tony Ursino, 1516 Pacific Coast Highway, 9305, stated his opposition to the request. Mr. Ursino stated his concern over construction without building permits, insufficient parking and driveway clearance. Mark Robertson, 1516 Pacific Coast Highway, 9117, spoke in support of the request. Mr. Robertson stated that the area was kept clean and he had not noticed excessive noise. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. After discussion the Commission suggested a continuance to allow staff, the applicant and adjacent residents to meet and work towards bringing the project further into conformance. Commissioner Inglee requested staff to bring back findings for hardship to justify his request for variances. The Commission also discussed including the adjacent lot acquisition as a condition of approval. Counsel stated that this could not be done since the applicant did not currently own or lease the land. PC Minutes - 9/27/94 11 (pcm017) A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO CONTINUE CONDITIONAL USE PERMIT NO. 94-20 WITH SPECIAL PERMITS, USE PERMIT NO. 94-57, CONDITIONAL EXCEPTION (VARIANCE) NO. 94-23 AND COASTAL DEVELOPMENT PERMIT NO.94-4 TO THE OCTOBER 25, 1994, PLANNING COMMISSION MEETING, TO ALLOW THE APPLICANT, ADJACENT RESIDENTS, STAFF AND TWO (2) PLANNING COMMISSIONER'S TO MEET AND BRING THE REQUEST FURTHER INTO COMPLIANCE, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Newman NOES: Biddle ABSENT: None ABSTAIN: Inglee MOTION PASSED B-5 CONDITIONAL USE PERMIT NO.90-25 (R): APPLICANT: Scott Longhurst, AirTouch Cellular, P.O. Box 19707, Irvine, CA 92714-9707 LOCATION: 15922 Pacific Coast Highway Conditional Use Permit No. 90-25 (R) is a request by Mr. Scott Longhurst of AirTouch Cellular, to install eleven (11) additional cellular antennas at an existing cellular communications facility at 15922 Pacific Coast Highway. Conditions placed on a previous approval (Conditional Use Permit No. 90-25) require Planning Commission approval for additional antennas at the subject site. The proposal includes cellular whip antennas on the existing three (3) story building which will exceed the maximum height limit. The base zoning district of Visitor Serving Commercial allows a maximum height of 50 feet with a 10 foot height exception for several types of structures including antennas. The whip antennas are proposed at a height of 70 feet. Furthermore, the parking demand on site will not increase, nor will additional trips be created, as the facility is unmanned, with maintenance only occurring on a monthly basis. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the request because: The proposed antennas will not be obtrusive to persons living, working or driving in the area. PC Minutes - 9/27/94 12 (pcm017) The antennas will provide a more secure and efficient communication system. The antennas are only three (3) inches in diameter, and will be painted "sky blue," which will minimize view impacts. The additional antennas will not result in an increase of vehicle trips to the facility and will not impact on -site parking. THE PUBLIC HEARING WAS OPENED. Scott Longhurst, AirTouch Cellular, 3 Park Plaza, Irvine, representing the applicant, stated he was 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 CONDITIONAL USE PERMIT NO. 90-25(R) WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson NOES: None ABSENT: Inglee, Newman, Biddle ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 90-25 (R): The granting of the conditional use permit for eleven additional cellular phone antennas to be installed on the roof of an existing unmanned cellular phone facility, with three (3) antennas exceeding the maximum height by ten (10) feet will not adversely affect the General Plan of the City of Huntington Beach. With the conditions imposed, the additional cellular antennas will not negatively impact the General Plan of the City of Huntington Beach. 2. The establishment, maintenance and operation of the eleven additional cellular phone antennas will not be detrimental to the general welfare of persons residing or working in the vicinity, nor to property and improvements in the vicinity. The location of the proposed cellular antennas will not impact views or pose an unaesthetic sight to residents, workers and motorists. 3. The installation of the eleven antennas, including three (3) cellular whip antennas which exceed the maximum height by ten (10) feet will not be obtrusive to persons living, working or driving in the area. The antennas will be painted to minimize view impacts. PC Minutes - 9/27/94 13 (pcm017) CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 90-25 (R): 1. The site plan, floor plans, and elevations received and dated August 8, 1994 shall be the conceptually approved layout with the following conditions: a. Elevations shall depict colors and building materials proposed. Colors of all antennas exceeding the height of the rooftop parapet shall be reviewed and approved by the Planning Director. 2. Conditions of approval shall be printed verbatim on the cover sheet of all working drawings submitted for plancheck. Installation of additional antennas on the site shall require approval by the Planning Commission. 4. The Planning Commission reserves the right to revoke Conditional Use Permit No. 90-25 (R) if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 5. Conditional Use Permit No. 90-25 (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 REQUIREMENTS: 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. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JULY 26, 1994: C-2 PLANNING COMMISSION MINUTES DATED AUGUST 9, 1994: C-3 PLANNING COMMISSION MINUTES DATED AUGUST 23, 1994: C-4 PLANNING COMMISSION MINUTES DATED SEPTEMBER 13, 1994: PC Minutes - 9/27/94 14 (pcm017) A MOTION WAS MADE BY RICHARDSON, SECOND BY KERINS, TO APPROVE ALL CONSENT CALENDAR ITEMS, AS AMENDED BY THE COMMISSION BY THE FOLLOWING VOTE: AYES: Kerins, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Inglee ABSTAIN: Gorman MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 RECONSIDERATION OF CONDITIONAL USE PERMIT NO. 94-6: APPLICANT: Gary Defreitas, 2405 Cliff Drive, Newport Beach, CA LOCATION: 20042 Beach Boulevard (Approximately 120 ft. south of Adams Avenue in the Seabridge Center) This represents a request for reconsideration of Conditional Use Permit No. 94-6, 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. STAFF RECOMMENDATION: Conditional Use Permit No. 94-6 was unanimously approved by the Planning Commission on September 13, 1994. Due to inadequate public notification and concerns of neighboring residents brought forth since the public hearing, Staff is recommending reconsideration of the project. A MOTION WAS MADE BY RICHARDSON, SECOND BY KERINS, TO RECONSIDER THE APPROVAL OF CONDITIONAL USE PERMIT NO.94-6, AND SCHEDULE FOR PUBLIC HEARING AT THE OCTOBER 25, 1994, PLANNING COMMISSION MEETING: AYES: Kerins, Gorman, Dettloff, Richardson, Newman NOES: None ABSENT: Inglee, Biddle ABSTAIN: None MOTION PASSED PC Minutes - 9/27/94 15 (pcm017) D-2 ONE (1) YEAR EXTENSION OF TIME - CONDITIONAL USE PERMIT NO. 93-14: APPLICANT: Edwin P. Mah, 2420 N. San Gabriel Boulevard, Rosemead, CA 91770 LOCATION: 6002 Bolsa Avenue (Southeast corner at Springdale Street) The applicant, Edwin Mah, is requesting a one (1) year extension of time for Conditional Use Permit No. 93-14, which was approved by the Planning Commission on September 21, 1993. The request is pursuant to Section 9843.4 of the Huntington Beach Ordinance Code. The conditional use permit allows construction of a self -serve service station with a 4,800 square foot retail commercial building. Uses within the commercial building will include an AM -PM convenience market and three retail commercial uses. The subject property is zoned C2, Community Business District. Building construction plans were submitted for plan review on August 18, 1994. This extension will allow completion of the plan review of the building construction plans by Building and Planning Divisions and review of grading and off -site improvement plans by Public Works Department STAFF RECOMMENDATION: Staff is recommending that the Planning Commission approve a one (1) year extension of time for Conditional Use Permit No. 93-14 to September 21, 1995, with all previously approved findings and conditions of approval to remain in effect. A MOTION WAS MADE BY KERINS, SECOND BY GORMAN, TO APPROVE A ONE (1) YEAR EXTENSION OF TIME TO SEPTEMBER 21, 1995, FOR CONDITIONAL USE PERMIT NO.93-15, WITH ALL PREVIOUS FINDINGS AND CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Newman NOES: None ABSENT: Inglee, Biddle ABSTAIN: None MOTION PASSED PC Minutes - 9/27/94 16 (pcm017) E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Dettloff - asked Steve May if he had an update on the Slater Channel repairs and the cleaning of sidewalks abutting block walls on arterial streets. Mr. May stated that he was preparing a preliminary study report, and expects to complete it by October 17, 1994. Mr. May also stated that there was currently no money allocated in the budget for cleaning the sidewalks. Commissioner Biddle - asked staff if the City currently had any codes that prohibited landowners to cut down trees on their property without permission. Staff stated they would provide a written response. F. COMMUNITY DEVELOPMENT ITEMS Howard Zelefsky, Planning Director, restated action taken at the September 26, 1994 City Council meeting. G. . ADJOURNMENT A MOTION WAS MADE BY KERINS, SECOND BY BIDDLE, TO ADJOURN TO A 5:30 PM STUDY SESSION TUESDAY, OCTOBER 25, 1994, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Newman, Biddle NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED /kjl APP VED BY: ward Zele , Se Wr Planning Co mission Chairperso PC Minutes - 9/27/94 17 (pcm017)