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HomeMy WebLinkAbout1995-01-24MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JANUARY 24, 1995 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 6:00 PM INFILL ORDINANCE -Mike Strange, Senior Planner AGENDA REVIEW REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker 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. Gerald Chapman, 6742 Shire Circle, spoke in regards to Item B-1, which is being continued. Mr. Chapman requested staff to include a more complete history of the area before this item comes back before the Planning Commission. B. PUBLIC HEARING ITEMS B-1 CODE AMENDMENT NO. 93-1/NEGATIVE DECLARATION NO. 92-39: APPLICANT: City of Huntington Beach, Community Services Department, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: The property is centrally located in the Ellis -Golden West Quartersection, generally at the terminus of Saddleback and Quarterhorse Lanes. The Quartersection is bounded by Edwards St., Golden West St., Ellis Ave., and Garfield Ave. Code Amendment No. 93-1 and Negative Declaration No. 92-39 is a request to amend the Ellis -Golden West Specific Plan for the purpose of designating a three to five acre neighborhood park. The code amendment will amend the General Provisions, Permitted Uses text of the Ellis -Golden West Specific Plan to include a reference to the Open Space exhibit depicting the location of the neighborhood park. The Open Space exhibit (No. 8) will be amended to identify the neighborhood park location. STAFF RECOMMENDATION: Staff recommends approval of the proposed code amendment because the designation of a three to five acre neighborhood park that is centrally located in the Ellis -Golden West Quartersection will meet the goals and policies of the Recreation Element of the City's General Plan. In addition, the neighborhood park designation will meet the goals and policies of the master plan of development for the Holly/Seacliff area as established in General Plan Amendment No. 89-1 and Environmental Impact Report No. 89-1 adopted January 8, 1990. Staff requested a continuance of this item in order to further evaluate the request. A MOTION WAS MADE BY BIDDLE, SECOND BY GORMAN, TO CONTINUE CODE AMENDMENT NO.93-1 AND NEGATIVE DECLARATION NO. 93-1 TO THE FEBRUARY 28, 1995, PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 1/24/95 2 (PCM022) B-2 CONDITIONAL USE PERMIT NO. 94-25/COASTAL DEVELOPMENT PERMIT NO. 94-10/CONDITIONAL EXCEPTION (VARIANCE) NO. 94- 33/NEGATIVE DECLARATION NO.94-12: APPLICANT: City of Huntington Beach, Department of Community Services, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: 317 Pacific Coast Highway (Maxwell's Restaurant Building) Conditional Use Permit No. 94-25, Coastal Development Permit No. 94-10, Conditional Exception (Variance) No. 94-33 and Negative Declaration No. 94-12 represent a request by the City of Huntington Beach Department of Community Services, to demolish the existing Maxwell's building and permit the construction of a new, 31,000 square foot, three (3) story restaurant with banquet facility. The proposal includes a variance to maintain the overall 28 foot building height in lieu of the code required 25 foot height limit measured from the top of pier. Because the proposed Maxwell's building was not submitted in conjunction with the review and approval of the Pier Plaza improvement project, the proposed building requires separate review and approval. The proposed Maxwell's building is designed to be compatible with the other commercial structures across Pacific Coast Highway. The size of the proposed building will increase from approximately 19,000 to 31,000 square feet (63%). The footprint of the building will remain within the site description of the lease premises, and therefore will not require a Measure C vote (Huntington Beach City Charter Section 612). STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the new restaurant with banquet facility, and the variance for exceeding the 25 foot height limit based upon the following: The use is compatible with surrounding land uses and is consistent with the goals and policies contained in the Land Use and Coastal Elements of the General Plan, and Downtown Specific Plan. The proposed 28 foot building height will not impact public views as the proposed building will be constructed at the same 28 foot building height as the existing restaurant building. The proposed restaurant building will not impact public views or access to the beach. The parking and access to the proposed restaurant building has been reviewed during processing of the Pier Plaza improvement project (Coastal Development Permit No. 93-24 and Conditional Use Permit No. 93-40), which found that adequate parking would be provided for the proposed uses, including the new Maxwell's building. The design of the proposed building will be architecturally compatible with structures in the immediate vicinity, including Pierside Pavilion and Oceanview Promenade. PC Minutes - 1/24/95 (PCM022) L1 Ron Hagan, Director of Community Services and Jim Engle, Community Services, gave a brief presentation to Commission. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding the height of the buildings and the exact points of measurement. Commissioners Biddle and Kerins stated that could not support the height variance for the project. A MOTION WAS MADE BY LIVENGOOD, SECOND BY TILLOTSON, TO APPROVE NEGATIVE DECLARATION NO.94-12, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECOND BY SPEAKER TO APPROVE CONDITIONAL USE PERMIT NO. 94-25, COASTAL DEVELOPMENT PERMIT NO.94-10 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 94-33 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Livengood, Gorman, Inglee, Tillotson, Speaker NOES: Biddle, Kerins ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 1/24/95 4 (PCM022) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-25: 1. Conditional Use Permit No. 94-25 for the construction of a new 31,000 square foot, three (3) story restaurant and banquet facility will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The new restaurant building will operate with similar hours as the existing uses. In addition, the new building will not exceed the overall height of the existing building. b. Property and improvements in the vicinity of such use or building. With the conditions imposed, the new restaurant building will be provided with the necessary infrastructure and improvements, minimizing impacts of services to surrounding properties. 2. The proposed project is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of Visitor Serving Commercial by providing beach related facilities for visitors, while maintaining pedestrian oriented access in and around the pier area. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 94-10: 1. The request for a new 31,000 square foot, three (3) story restaurant and banquet facility conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed restaurant and banquet facility will not negatively impact public views or access. The new restaurant building will provide additional visitor serving commercial uses in conjunction with the previously approved Pier Plaza improvement project. 2. Coastal Development Permit No. 94-10 is consistent with the CZ suffix zoning requirements, the Downtown Specific Plan, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property, with the exception of the requested height variance. The proposed restaurant building conforms with the Downtown Specific Plan, District 10, providing new pier - related commercial uses. 3. The proposed project will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. Improvements to public utilities will be provided to the new restaurant building. 4. The proposed improvements conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The new restaurant building will enhance commercial opportunities in conjunction with the pier related activities by providing a larger dining and banquet facility. PC Minutes - 1/24/95 5 (PCM022) FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 94-33: 1. The granting of a Conditional Exception (Variance) No. 94-33 for a maximum 28 foot building height will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under the identical zone classification. In order to provide an architectural design compatible with commercial buildings across Pacific Coast Highway, it is necessary to exceed the maximum building height. 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. The proposed building will remain in the same location as the existing restaurant building, and will maintain the same 28 foot height. 3. The granting of a Conditional Exception (Variance) No. 94-33 for a 28 foot building height is necessary in order to preserve the enjoyment of one or more substantial property rights. The variance will allow relief in development standards in order to provide a compatible design with commercial buildings across Pacific Coast Highway. 4. The granting of Conditional Exception (Variance) No. 94-33 will not be materially detrimental to the public health, safety and welfare, or injurious to the property in the same zone classification. The 28 foot building height will not reduce public views and access, but will increase access and view opportunities on the plaza, open patio areas and around the building. In addition, the new building will provide additional recreational opportunities in conjunction with the beach and pier uses. 5. The granting of Conditional Exception No. 94-33 for a 28 foot building height 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 Visitor Serving Commercial by providing visitor serving uses in and around the pier area, and improving visitor access to the beach. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.94-25/ COASTAL DEVELOPMENT PERMIT NO. 94-10 / CONDITIONAL EXCEPTION (VARIANCE) NO. 94-33: 1. The site plan, floor plans, and elevations received and dated October 13, 1994 shall be the conceptually approved layout. PC Minutes - 1/24/95 6 (PCM022) F� 1 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. The applicant shall receive final approval of building colors by the Design Review Board. 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. The markings, indicating the size, model number and serial number shall be permanently affixed to the body of the backflow device and must remain visible after painting. 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. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. f. The applicant owner shall demonstrate how 35 additional parking spaces will be provided to offset the proposed floor area for the restaurant. The applicant may take the following options: 1. Revise plans depicting 35 additional spaces; 2. Joint use of parking; 3. Identify and guarantee use of parking spaces off -site; or 4. Reduce the size of the building or area of intensity of uses within the building. 3. Prior to demolition, the applicant/owner shall complete the following: a. Historical documentation of the Maxwell's building shall be completed. The documentation shall include photographs and a written synopsis of the building's history. Copies of all documentation shall be submitted to the Department of Community Development for inclusion in the file. b. Excess soils shall be removed and disposed of at an approved location. PC Minutes - 1/24/95 7 (PCM022) 4. Prior to issuance of building permits, the applicant/owner shall complete the following: a. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a 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. b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. c. The major identification sign shall be removed or altered to comply with Chapter 233. 5. Public Works Department requirements are as follows: a. The developer shall abandon the existing six inch (6") fire service at the point of connection on the existing eight inch (8") water main and remove the existing six inch (6") backflow device and vault. Any new fire service shall be constructed per Water Division Standard Plan No. 618. b. The proposed building shall have a separate domestic water service, sized per the Uniform Plumbing Code and Water Division Standard Plans. Backflow protection is required per Water Division Standard Plan No. 609. The existing domestic water service shall be abandoned. 6. Fire Department requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. A Class III wet standpipe system (combination) shall be installed pursuant to Fire Department and Uniform Building Code standards. c. A fire alarm system shall be installed to comply with Fire Department and Uniform Fire Code standards. The system shall provide 1) manual pulls, 2) Water flow, valve tamper and trouble detection, 3) 24 hour supervision, 4) Annunciation, 5) Audible alarms, and 6) Voice Communication. PC Minutes - 1/24/95 8 (PCM022) d. Fire extinguishers shall be provided in number and at locations specified by the Fire Department. e. Two (2) fire hydrants shall be installed prior to combustible construction at locations specified by the Fire Department. f. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. g. Address numbers shall be installed to comply with City Specification No. 428. h. 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. These include low level exit signs. i. The project shall comply with all provisions of the Huntington Beach Fire Code and City Specification No. 422 and 431 for the abandonment of oil wells and site restoration. j. The project shall comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. 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. 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. PC Minutes - 1/24/95 9 (PCM022) b. All signs shall be brought into compliance with the Huntington Beach Sign Code (Chapter 233). 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. 10. The Planning Commission reserves the right to revoke Conditional Use Permit No. 94- 25, Coastal Development Permit No. 94-10 and Conditional Exception No. 94-33 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 11. Conditional Use Permit No. 94-25, Coastal Development Permit No. 94-10 and Conditional Exception No. 94-33 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. All applicable Public Works fees shall be paid. 2. The developer shall 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 Zoning and Subdivision Ordinance, Building Division, and Fire Department. 5. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 6. All signage shall comply with the Huntington Beach Zoning and Subdivision Ordinance. PC Minutes - 1/24/95 10 (PCM022) B-3 CONDITIONAL USE PERMIT NO, 94-45/SPECIAL SIGN PERMIT NO. 94-7: APPLICANT: John Bookey, 4814 Neptune, Newport Beach, California, 92663 LOCATION: 1506 Pacific Coast Highway (between 15th and 16th Streets) Conditional Use Permit No. 94-45 represents a request to maintain an existing patio enclosure and permit remodeling of an existing non conforming restaurant. Special Sign Permit No. 94-7 is a request to allow an existing non conforming seventeen (17) foot high freestanding pole sign in lieu of the seven (7) foot high code requirement. The restaurant and retail store are non -conforming structures and uses, as they are located in the residential district of the Downtown Specific Plan. However, alterations to non conforming uses or structures may be permitted with Planning Commission approval. Staff recommends the Planning Commission approve the request for alterations and for the seventeen (17) foot high freestanding pole sign based upon the following: The patio enclosure and remodeling of the restaurant and retail store improves the aesthetic appearance of the structure by bringing the site into greater conformance with the surrounding neighborhood. The patio enclosure and remodeling of the site do not increase the existing floor area. The freestanding pole sign is compatible with existing signs in the area along Pacific Coast Highway. The freestanding pole sign will not obstruct vehicular or pedestrian traffic visibility. The freestanding pole sign will not be detrimental to residential properties located in the vicinity. There are unique conditions applicable to the subject property which will result in a hardship to the applicant if strict compliance with the sign code is not relieved. Commissioner Inglee stated that he would be abstaining from taking action on this item, in accordance with the Planning Commission by-laws. THE PUBLIC HEARING WAS OPENED. Bill Hammon, representing applicant, spoke in support of the request and stated he was available to answer any questions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 1/24/95 11 (PCM022) A MOTION WAS MADE BY LIVENGOOD, SECOND BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.94-45 AND SPECIAL SIGN PERMIT NO.94-7 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: Inglee MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-45: The maintenance of an existing enclosed patio and remodeling of an existing structure for restaurant and retail purposes will not be detrimental to the general welfare of persons working or residing in the vicinity, nor will it be detrimental to property values and improvements in the area. The enclosed patio and remodeling of the building will not result in a decrease of on -site parking or building setbacks, nor will it adversely affect on -site circulation. 2. The location and site layout of the patio enclosure and remodeling of the proposed restaurant and retail shop properly adopts the proposed use with the surrounding residential uses in a harmonious manner, in that the structure's design and front setback along Pacific Coast Highway are consistent with the adjacent residents. 3. The granting of Conditional Use Permit No. 94-45 will not adversely affect the General Plan of the City of Huntington Beach. The proposed restaurant and retail shop are legal, non -conforming uses. FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 94-7: 1. Special Sign Permit No. 94-7, for an existing seventeen (17) foot high thirty (30) square foot non -conforming freestanding pole sign, in lieu of the code required six (6) foot high, fifteen (15) square foot sign for a period of two (2) years, will not adversely affect other signs in the area and will not be detrimental to properties located in the vicinity of such sign, because it is compatible with surrounding signs in the area. 2. Strict compliance with the Downtown Specific Plan Design Guidelines will result in a substantial economic hardship to the applicant due to the physical constraints of the property, including its location along a highway, directly adjacent to a third story structure, which impairs the visibility of the sign. PC Minutes - 1/24/95 12 (PCM022) 3. Approval of the existing sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction, as the sign conforms to the code requirements regarding sign area and setbacks. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 94-45: 1. The site plan, floor plans, and elevations received and dated December 15, 1994, shall be the conceptually approved layout with the following modifications: a. The access to the site from Pacific Coast Highway shall be designated as one-way for ingress purposes only. b. Bike racks shall be located on the northern portion of site. c. Provide a minimum of six (6) percent of the site as landscaped area as follows. a. Add landscape planter (approximately 4 feet wide) between the public sidewalk along Pacific Coast Highway and the adjacent parking space; b. Add landscape planter in front of the enclosed patio area; and, c. Add two landscape planters (approximately 10 feet wide) along the easterly property line of the site. d. The six (6) parking spaces located on the north side of the site shall be re -striped to accommodate vehicles traveling one-way from the site's sole ingress from Pacific Coast Highway. As a result, one (1) parking space will be eliminated for a total of fourteen (14) on -site parking spaces, in order to facilitate safe and orderly on -site circulation. 2. Prior to issuance of building permits, the following shall be completed: a. Detailed floor plans, and building, mechanical, electrical, and plumbing plans for all alterations conducted without permits shall be submitted to the Building Department. The above plans, where appropriate, shall address handicapped access and restrooms. b. A detailed parking plan which denotes all fire lanes shall be submitted. C. Complete structural plans for the existing freestanding pole sign shall be submitted. PC Minutes - 1/24/95 13 (PCM022) d. A Landscape Construction Set shall be submitted within 30 days of occupancy to the Departments of Community Development and Public Works for approval. The Landscape Construction Set shall include a landscape 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 Chapter 232 of the Huntington Beach Zoning and Subdivision Ordinance. The set must be approved by both departments within 90 days of approval of this application. 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. 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. Automatic fire protection systems shall be required for all commercial cooking devices. d. Address numbers shall be installed to comply with City Specification #428. The size of the numbers shall a minimum of six (6) inches with a brush stroke of one and one-half (1 1/2) inches. remain accessible as open space for public use. 4. All applicable building permits shall be finalized (all work completed) and all improvements including landscaping shall be completed prior to issuance of a Certificate of Occupancy to occupy the building for any use. 5. The Planning Commission reserves the right to revoke Conditional Use Permit No. 94- 45 if any violations of these conditions or the Huntington Beach Municipal or Zoning and Subdivision Ordinance occurs. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 94-7: 1. The site plan and sign elevations received and dated December 15, 1994, shall be the conceptually approved layout with the following modifications: a. The sign shall be located in a landscape planter. b. A pole cover shall be installed to match the building in terms of color and materials. c. The design of the freestanding pole sign shall be subject to the approval of the Design Review Board. PC Minutes - 1/24/95 14 (PCM022) 11 2. The existing 17 foot high, 30 square foot freestanding pole sign shall be limited to a maximum of two (2) years of the approval date of this application. Said sign shall then be replaced with a code conforming sign subject to the approval of the Design Review Board CODE REQUIREMENTS: 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. The Traffic Impact Fee shall be paid at the time of final inspection. 5. All signage, except as noted pursuant to Special Sign Permit No. 94-7, shall conform to the Downtown Design Guidelines and the Huntington Beach Zoning and Subdivision Ordinance. B-4 ZONE CHANGE NO. 94-6: APPLICANT: Sandy Ryan, 1614 S. Harbor Boulevard, Fullerton, CA 92632 LOCATION: 8032 Warner Avenue (south side of Warner, east of Beach Boulevard) Zone Change No. 94-6 represent a request by Sandy Ryan, to remove the Qualified (Q) zoning prefix from the base Commercial General (CG) zoning designation on the subject 0.25 acre site. The (Q) zoning presently restricts general commercial uses, with the exception of professional offices and services, including medical uses. In addition, retail sales of pets and pet supplies is permitted on site. By removing the (Q) zoning prefix, general retail uses permitted by code would be permitted on the property. PC Minutes - 1/24/95 15 (PCM022) STAFF RECOMMENDATION: Staff supports the applicant's request for a zone change for the following reasons: The base zoning of Commercial General is consistent with the Huntington Beach General Plan Land Use designation, and with the recommendation of the General Plan Advisory Committee. The removal of the (Q) zoning prefix will not affect the existing development on the property as it is already a retail use. The removal of the (Q) zoning prefix, which will allow for the establishment of new retail uses, will not adversely impact the surrounding properties or property values. The proposed zoning is compatible with the surrounding land uses and zoning. Commissioner Inglee stated that he would be abstaining from taking action on this item, in accordance with the 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 BIDDLE, SECOND BY TILLOTSON, TO APPROVE ZONE CHANGE NO. 94-6 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: Inglee MOTION PASSED FINDINGS FOR APPROVAL - ZONE CHANGE NO.94-6: 1. The proposed zone change from (Q) C4 (Qualified - Highway Commercial) to CG (Commercial General) on a 0.25 acre parcel on the southwest corner of Warner Avenue and A Street does conform with the General Commercial land use designation of the City's General Plan. The CG (Commercial General) zoning designation is consistent with the General Commercial land use designation of the General Plan. PC Minutes - 1/24/95 16 (PCM022) 2. The proposed zone change from (Q) C4 to CG is consistent with the surrounding commercial land uses on Warner Avenue, and compatible with the multi -family residential land uses in the vicinity. The existing commercial building is designed to minimize impacts to the adjacent residential properties by orienting parking and business access to the north (Warner Ave.) side of the building. 3. The proposed zone change from (Q) C4 to CG is compatible with the surrounding CG (Commercial General) and RM (Residential Medium Density) zoning designations. The adjacent parcels fronting Warner Avenue are also zoned CG (Commercial General). B-5 CONDITIONAL USE PERMIT NO.94-24/CONDITIONAL EXCEPTION (VARIANCE) NO. 94-35/ NEGATIVE DECLARATION NO. 94-11: APPLICANT: Union Oil Company of California, 17700 Castleton Street, Suite 500, City of Industry, California 91748 LOCATION: 16971 Goldenwest Street (Northwest corner of Goldenwest Street and Warner Avenue) Conditional Use Permit No. 94-24 and Conditional Exception (Variance) No. 94-35 represent a request by Union Oil Company of California to remove existing service station structures and construct a new foodmart with alcoholic beverage sales, a one -bay car wash, a kiosk, pump islands and canopy and replace the underground storage tanks pursuant to Huntington Beach Zoning and Subdivision Ordinance Chapter 230. The service station and foodmart will be open 24 hours daily. The car wash will be open from 8:00 AM to 8:00 PM daily. STAFF RECOMMENDATION: Staff is recommending approval of the project. THE PUBLIC HEARING WAS OPENED. Scott Plotler, representing applicant, submitted a handout to the Planning Commission. He stated that he was in agreement with all conditions except No. 31 Mr. Plotler stated that this condition would limit anY future developments on the property. Don Kirstenson, property owner, stated his support for the project. He said this project would be a great improvement to the area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 1/24/95 17 (PCM022) 1 The Commissioners discussed Condition No. 31 would require the developer to execute an irrevocable offer to dedicate a strip of land ten (10 feet wide along Goldenwest Street and curving along a 32 foot radius southwesterly joining the existing Warner Avenue right-of-way. The applicant felt that this condition would greatly restrict any development possibilities in the future. Public Works stated they were strongly opposed to the elimination of this condition. A MOTION WAS MADE BY GORMAN, SECOND BY KERINS, TO APPROVE NEGATIVE DECLARATION NO. 94-11, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY GORMAN, SECOND BY KERINS TO APPROVE CONDITIONAL USE PERMIT NO.94-24 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 94-35 WITH FINDINGS AND MODIFIED CONDITIONS TO EXCLUDE CONDITION NO.3.f. THIS MOTION WAS WITHDRAWN. The Planning Commission discussed a continuance to allow staff, Commissioners, and the applicant to meet and confer about revision to the condition pertaining to the dedication of land for a right turn only lane and to allow the applicant to have further discussions with the adjacent property owner about reciprocal access between the two (2) properties. A MOTION WAS MADE BY GORMAN, SECOND BY KERINS, TO CONTINUE CONDITIONAL USE PERMIT NO.94-24 AND CONDITIONAL EXCEPTION (VARIANCE) NO.94-35 TO THE FEBRUARY 14, 1995 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 1/24/95 18 (PCM022) C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JANUARY 10, 1995: A MOTION WAS MADE BY KERINS, SECOND BY TILLOTSON, TO APPROVE PLANNING COMMISSION MINUTES DATED FEBRUARY 14, 1995, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: Gorman MOTION PASSED D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Inglee - asked staff when the Infill Ordinance would come before the Planning Commission. Staff stated it would be a study session item at the next meeting. Commissioner Kerins - asked staff to request that the red (emergency) phone be placed in a vertical position at the dais to avoid accidental calls to the police for help. F. COMMUNITY DEVELOPMENT ITEMS F-1 PLANNING COMMISSION ITEMS FOR THE FEBRUARY 14, 1995 MEETING Scott Hess, Senior Planner, reviewed the items for the February 14, 1995 Planning Commission meeting. PC Minutcs - 1/24/95 19 (PCM022) G, ADJOURNMENT A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER, TO ADJOURN TO A 6:00 PM STUDY SESSION TUESDAY, JANUARY 24,1995, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED /kjl APPROVED BY: ly/ard Zele , Secr ry Planning Commission Chairpe on PC Minutes - 1/24/95 20 (PCM022)