HomeMy WebLinkAbout1994-10-25APPROVED 11/22/94
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, OCTOBER 25, 1994
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION - 6:30 PM
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
P A P P P P P
ROLL CALL: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle
AGENDA APPROVAL
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.
Allen Segal, 239 Heliotrope Avenue, Corona Del Mar, spoke regarding a recent
approval by City Council of an application for a swap meet in an industrial area of
Huntington Beach. Mr. Segal felt that an environmental impact report should have
been prepared, and requested that the Planning Commission review the issue.
1
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B. PUBLIC HEARING ITEMS
B-1 RECONSIDERATION OF CONDITIONAL USE PERMIT NO.94-6:
APPLICANT: Gary Defreitas
LOCATION: 20042 Beach Boulevard (east side, south of Adams Avenue - Seabridge
Center)
This represents the reconsideration of the Planning Commission's previous approval of
Conditional Use Permit No. 94-6. Due to inadequate public notification and concerns of
neighboring residents brought forth since the public hearing, the Planning Commission
voted to reconsider the project on September 27, 1994.
Conditional Use Permit No. 94-6 was originally approved by the Planning Commission on
September 13, 1994. Conditional Use Permit No. 94-6 is 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.
One of the main issues of the proposal is parking. 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 loss of parking is justified
due to off -set peak hours of operation. The other issue is possible noise impacts on
adjacent residential uses. Based upon both the distance between the car wash and
residential uses and upon a noise study, noise from the car wash and vacuums will not
impact adjacent residential uses.
STAFF RECOMMENDATION:
Staff is recommending approval of the project based upon the following reasons:
The proposed car wash is in compliance with the goals and objectives of both the
General Plan and Seabridge Specific Plan.
The proposed car wash is compatible in design and materials with adjacent structures.
Access and stacking for the proposed car wash are sufficient.
The off -set peak hours of operation justify the loss of one reciprocal parking space
(total 147 reciprocal parking spaces).
J There will be no noise impacts to adjacent residential property due to an approximate
400 foot separation from residences and based upon studies demonstrating that the
vacuums and dryers will not exceed ambient, background noise levels at 100 feet.
PC Minutes - 10/25/94
(PCM018)
THE PUBLIC HEARING WAS RE -OPENED.
Thomas R. Saltarelli, Esq., Attorney for Seabridge Village HOA, stated that the adjacent
residents were concerned with excessive noise, and the hours of operation being 24 hours
a day.
Kirk Evans, 9281 Shadwell Drive, spoke in opposition to the request. Mr. Evans stated
that the noise generated would be four (4) times as loud as reported by the applicant.
John- Sweeney, - 20092 Bayfront Lane, #204; adjacent resident spoke in opposition to the
request due to the excessive noise that will be generated.
Janet D. Murray, 1616 Hillcrest Circle, adjacent resident spoke in opposition to the
request due to the excessive noise that will be generated.
Dennis Ring, 1502 Lakeside Lane, adjacent resident spoke in opposition to the request
due to the excessive noise that will be generated and the possible increase in crime.
Terry Engels, 14161akeside Lane, adjacent resident spoke in opposition to the request due
to the excessive noise that will be generated.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR
AGAINST THE REQUEST AND THE PUBLIC HEARING WAS RE -CLOSED
The Planning Commission discussed the following concerns:
The further mitigation of noise impacts
The possible inclusion of a sound wall on the southern property line
The possible change in the hours of operation
The possible inclusion of security on the site
The possible inclusion of security lighting
The possible redesign of the project
The inclusion of a six month review
The Planning Commission suggested a continuance to allow the staff and applicant time to
evaluate the plan in order to address the concerns of adjacent residents.
PC Minutes - 10/25/94 3 (PCM018)
A MOTION WAS MADE BY INGLEE, SECOND BY BIDDLE, TO CONTINUE
THE RECONSIDERATION OF CONDITIONAL USE PERMIT NO. 94-6, TO THE
NOVEMBER 22, 1994, PLANNING COMMISSION MEETING, BY THE
FOLLOWING VOTE:
AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle
NOES: None
ABSENT: Gorman
ABSTAIN: None
MOTION PASSED
B-2 CONDITIONAL USE PERMIT NO. 94-20 WITH SPECIAL
PERMITS/CONDITIONAL EXCEPTION (VARIANCE) NO. 94-23/COASTAL
DEVELOPMENT PERMIT NO.94-4/USE PERMIT NO. 94-57 (CONTINUED
FROM THE SEPTEMBER 27, 1994 PLANNING COMMISSION MEETING):
APPLICANT: Gary Garcia
LOCATION: 1506 Pacific Coast Highway (between 15th Street and 16th Street)
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 the
following requests:
Allow an existing 370 square foot outdoor deck dining area;
Sales of beer and wine in conjunction with an existing non -conforming restaurant;
12.8% expansion of the existing floor area of the entire building (greater than ten (10)
percent);
Provision of 13 parking spaces in lieu of the 28 spaces required by code;
Provision of no landscaping in lieu of the six (6) percent required by code;
Maintain a six (6) foot front yard setback in lieu of the code requirement of 25 feet;
and
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.
These requests were continued from the September 27, 1994, Planning Commission
meeting in order to provide the applicant with the opportunity to meet with Planning
Commissioners, staff and property owners to discuss possible alternatives to the site plan
to enable the site to be more code conforming.
PC Minutes - 10/25/94 4 (PCM018)
On October 5, 1994, the applicant met with Planning Commissioners Susie Newman, Roy
Richardson and Gary Gorman, property owner Tony Ursino and staff. Discussion ensued
regarding additional improvements to the site, lack of building permits for the existing
deck, acquisition of the adjacent vacant parcel, and land use compatibility with the
adjacent residential uses. In addition, the applicant indicated that he presently has a month
to month lease for the entire site and should the restaurant expansion get approved, he will
enter into a long term lease. Also, he clarified that acquisition of the adjacent vacant
parcel for additional parking at this time was determined not an option. Therefore, the
discussion focused on the subject site only.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission deny 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 Aritlyfindings-for denial.
Commissioner Inglee stated he would be abstaining from considering this item due to a
conflict of interest.
THE PUBLIC HEARING WAS RE -OPENED.
Leo H. Ramil, 16912 Sims Street, #211, representing Vista Catalina HOA, spoke in opposition to
the request. He stated concern over increased noise, inadequate parking and unsafeness of the
access driveway on Pacific Coast Highway.
Medhat N. Mansour, 1516 Pacific Coast Highway, resident Vista Catalina, spoke in opposition to
the request.
Fikri K. Takla, 1516 pacific Coast Highway, spoke in opposition to the request.
William T. Kuo, 1516 Pacific Coast Highway, 4115,-spoke in opposition to the request.
Jack LaFlesch, 1516 Pacific Coast Highway, 4300, spoke in opposition to the request.
Scott Cowden, 124-14th Street, # 1, spoke in support of the request, stating that the restaurant was
in existence prior to the condominiums being built.
Robert Smith. 1516 Pacific Coast Highway, 4304, spoke in opposition to the sale of beer and wine
at the proposed site.
Misty Pitts, partial owner of the site, requested a continuance of this item to further analyze
parking for the site.
Tony Ursino, 1516 Pacific Coast Highway, spoke in opposition to the request.
PC Minutes - 10/25/94 5 (PCM018)
Gary Garcia, applicant, restated the history of the site.
Gerald Neville, 125-16th Street, #10, spoke in support of the request.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS RE -CLOSED.
A MOTION WAS MADE BY RICHARDSON, SECOND BY NEWMAN, TO APPROVE
CONDITIONAL USE PERMIT NO.94-20 WITH SPECIAL PERMITS, CONDITIONAL
EXCEPTION (VARIANCE) NO.94-23, USE PERMIT NO.94-57 AND COASTAL
DEVELOPMENT PERMIT NO.94-4 WITH FINDINGS AND CONDITIONS OF
APPROVAL BY THE FOLLOWING VOTE:
AYES:
Richardson, Newman, Biddle
NOES:
Kerins, Dettloff
ABSENT:
Gorman
ABSTAIN:
Inglee
MOTION FAILED
THIS ITEM WILL BE CONTINUED TO THE NOVEMBER 22, 1994 PLANNING
COMMISSION DUE TO THE LACK OF A MOTION (APPROVAL OR DENIAL)
RECEIVING THE REQUIRED MINIMUM FOUR (4) VOTES.
B-3 CONDITIONAL USE PERMIT NO. 94-15:
APPLICANT: Don Peters, Scats Gymnastics, Inc.
LOCATION: 5742 McFadden Avenue
Conditional Use Permit No. 94-15 is a request by Mr. Don Peters to permit an existing
SCATS gymnastics training facility within an existing 28,000 square foot industrial
building. Originally located at 5822 Research Drive for 16 years, SCATS received
approval of Conditional Use Permit No. 92-41 in April of 1993 to move the training
center to 15682 Producer Lane. After deciding against the move to the approved
location, and unable to return to their Research Drive location, SCATS moved into the
subject building in November of 1993. Operating since last November, SCATS now
requests City approval to continue operating at the subject location.
The subject building consists of 23,750 square feet of gymnasium area and 4350 square
feet of administrative office area. Because the Huntington Beach Ordinance Code does
not specify a parking requirement for gymnastics facilities, a parking analysis was
submitted to address the parking demand for the new facility. The analysis identified the
number of available parking spaces, number of students and instructors, percentage of
PC Minutes - 10/25/94 6 (PCM018)
students dropped off, and hours of operation/classes. The analysis found that due to the
unique use, the 51 on -site parking spaces would be adequate for the gymnastics facility.
STAFF RECOMMENDATION:
Staff recommends the Planning Commission approve the request for the following
reasons:
• Based on the parking analysis, which includes the maximum student enrollment,,
number of instructors, percentage of students dropped off, and hours of operation,
parking for the gymnastics training center will be adequately provided on -site.
• The gymnastics training facility is compatible with surrounding uses, including the
Calvery Chapel
• SCATS has been operating successfully at the subject location since November, 1993,
and had -previously operatedwithout any -problems at-asmaller location in the
immediate vicinity (industrial area) for 16 years.
• The existing use conforms with the goals and objectives of the General Plan.
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 RICHARDSON, SECOND BY KERINS, TO
APPROVE CONDITIONAL USE PERMIT NO. 94-15 WITH FINDINGS AND
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES:
Kerins, Inglee, Dettloff, Richardson, Newman, Biddle
NOES:
None
ABSENT:
Gorman
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-15:
Conditional Use Permit No. 94-15 for the establishment of the 28,000 square foot,
SCATS gymnastics training facility is compatible with the surrounding uses which
include a church and light industrial uses. The property is located on McFadden
Avenue which is an arterial highway. Primary access is taken from McFadden
reducing vehicle trips on the local industrial streets. The property is provided with
reciprocal access and parking with the adjacent easterly property which will allow for
additional parking opportunities during competition meets.
PC Minutes - 10/25/94 7 (PCM018)
2. The access to and parking for the gymnastics training facility does not create an undue
traffic problem. Based on the parking analysis submitted for review, the parking
demand for the gymnastics training center is less intense than that of a health club or a
typical manufacturing type business. Hours of operation, sizes of classes, and
percentage of students that are dropped off results in a reduced demand for parking.
3. Conditional Use Permit No. 94-15 is consistent with the goals and policies contained
in the General Plan. The gymnastics training facility is consistent with the General
Industrial land use designation of the General Plan which allows unclassified uses such
as sports training facilities subject to approval of a conditional use permit by the
Planning Commission.
CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 94-15:
1. The site plan and floor plans, received and dated September 9, 1994 shall be the
conceptually approved layout.
2. Fire Department requirements are as follows:
a. An automatic fire sprinkler system shall be installed pursuant to Fire Department
and Uniform Building Code (UBC) standards.
b. The Fire alarm system shall be installed to comply with Fire Department and
Uniform Building Code (UBC) standards.
c. Fire extinguishers shall be installed and located in areas specified by the
Huntington Beach Fire Department.
d. Service roads and fire lanes, as determined by the Fire Department, shall be posted
and marked.
e. Address numbers shall be install in compliance with City Specification No. 428.
The number for the building shall be sized a minimum of ten (10) inches with a
brush stroke of one and one-half
(1-1/2) inches.
f. Exit signs and exit path markings shall be provided in compliance with the
Huntington Beach Fire Code and Title 24 of the California Administrative Code.
3. Any gymnastics spectator events such as competitions, exhibitions, etc., held on -site,
shall be limited to the weekend hours between 6:00 PM Friday and 6:00 PM Sunday.
Spectator events shall not conflict with the Calvery Church services/functions; all
events/meets shall be coordinated with Calvery Church hours of operation.
PC Minutes - 10/25/94 8 (PCM018)
4. The applicant shall provide evidence of a recorded reciprocal driveway and parking
easement between the subject site and adjacent easterly property. If such easement
does not exist, the subject property shall enter into irrevocable reciprocal driveway and
parking easement(s) between the subject site and adjacent easterly 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. The easement must be in effect prior to any gymnastic
spectator event.
All improvements stated under Condition No. 2 herein shall be completed within 90
days. The applicant shall apply for a Certificate of Occupancy within 2 weeks from
the date of this conditional use permit approval; and obtain final approval within 90
days. Should building permits be required, plans shall be submitted to the Department
of Community Development within 2 weeks; permits shall be -issued .within 45_ days;
and final building permit approval shall be obtained within 90 days from date of this
conditional use permit approval.
CODE REOUIREMENTS:
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. The Traffic Impact Fee shall be paid at the time of final inspection or Certificate of
Occupancy, whichever occurs first.
5. The Planning Commission reserves the right to revoke Conditional Use Permit No. 94-
15 if any violation of these conditions or the Huntington Beach Ordinance" Code
occurs.
C. CONSENT CALENDAR
C-1 PLANNING COMMISSION MINUTES DATED SEPTEMBER 27, 1994:
A MOTION WAS MADE BY KERINS, SECOND BY NEWMAN, TO APPROVE
PLANNING COMMISSION MINUTES DATED SEPTEMBER 27, 1994, AS
CORRECTED, BY THE FOLLOWING VOTE:
AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle
NOES: None
ABSENT: Gorman
ABSTAIN: None
MOTION PASSED
PC Minutes - 10/25/94 9 (PCM018)
D. NON-PUBLIC HEARING ITEMS
D-1 CONDITIONAL USE PERMIT NO.91-1 - SIX (6) MONTH REVIEW:
APPLICANT: St. Wilfrid of York Episcopal Church
LOCATION: 18631 Chapel Lane
The Planning Commission imposed a six (6) month review of the expansion of St. Wilfrid
of York Episcopal Church with its approval of Conditional Use Permit No. 91-1. The
applicant has demonstrated substantial compliance with almost all conditions of approval.
Outstanding issues include payment of traffic impact fees and minor landscaping
improvements. The applicant is in the process of resolving these two (2) items.
STAFF RECOMMENDATION:
Staff recommends the Planning Commission approve the six (6) month review with no
additional reviews necessary as the project is operating in compliance with the City of
Huntington Beach Ordinance and Municipal Codes and is compliance with almost all
conditions of approval.
A MOTION WAS MADE BY DETTLOFF, SECOND BY BIDDLE, TO APPROVE A SIX
(6) MONTH REVIEW OF CONDITIONAL USE PERMIT NO.91-1, BY THE
FOLLOWING VOTE:
AYES:
Kerins, Inglee, Dettloff, Richardson, Newman, Biddle
NOES:
None
ABSENT:
Gorman
ABSTAIN: None
MOTION PASSED
E. PLANNING COMMISSION ITEMS/INOUIRIES
Commissioner Inglee - asked staff if there had been a response from the school
district regarding Planning Commission Inquiry No. 94-5, tennis courts on
Algonquin Avenue. Staff stated their response indicated they did not have the
funds to do the repairs. It was suggested that a Planning Commissioner attend a
School Board meeting, and address the issue. It was decided that the Planning
Commission would draft a letter to City Council requesting that they address a
letter to the School Board.
PC Minutes - 10/25/94
10
(PCM018)
A MOTION WAS MADE BY KERINS, SECOND BY INGLEE TO DRAFT
A LETTER TO CITY COUNCIL, REQUESTING THAT CITY COUNCIL
ENCOURAGE THE OCEANVIEW SCHOOL BOARD TO LOOK INTO
THE DETERIORATED CONDITION OF THE TENNIS COURTS AND
FENCING AT HARBOUR VIEW SCHOOL. THE MOTION PASSED
WITH SIX (6) AYES, GORMAN ABSENT.
Commissioner Kerins - asked staff if they would investigate and respond to the
Sand Castle Estates concerns regarding a proposed incompatible building on
adjacent property, addressed in a letter submitted to the Commission. Staff stated
they would.
Commissioner Biddle - asked staff to investigate the placement of a stop sign at
Atlanta and Delaware. He also asked staff why the signal at Warner and Greentree
was still blinking red, causing traffic problems. Steve May, Public Works, stated
the light at Warner and Greentree was still blinking red due to the contractors
problems in obtaining equipment to fix it.
F. COMMUNITY DEVELOPMENT ITEMS
Howard Zelefsky, Planning Director, restated actions taken at the special City
Council meeting on the Bolsa Chica Local Coastal Program of October 24, 1994.
G. ADJOURNMENT
A MOTION WAS MADE BY DETTLOFF, SECOND BY ]KERINS, TO ADJOURN TO A
5:30 PM STUDY SESSION TUESDAY, NOVEMBER 22, 1994, AND THEN TO THE
REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE:
AYES: Kerins, Inglee, Dettloff, Richardson, Newman, Biddle
NOES: None
ABSENT: Gorman
ABSTAIN: None
MOTION PASSED
/kjI
APPRO D BY:
c and Zelefs , cre 'ryJ Plannin�Cln� ission Chairperson ,/
PC Minutes - 10/25/94 11 (PCM018)