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HomeMy WebLinkAbout1995-03-14MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MARCH 14, 1995 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM PROPOSED CODE AMENDMENT FOR ADULT BUSINESSES AND FLOODPLAIN STANDARDS: - Susan Pierce, AICP, Associate Planner REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker AGENDA APPROVAL ANNOUNCEMENT OF NEW COMMISSIONER: Stephen Holden ELECTION OF CHAIRPERSON AND VICE -CHAIRPERSON: Chairperson: A MOTION WAS MADE BY BIDDLE, SECOND BY LIVENGOOD TO APPOINT COMMISSIONER GORMAN AS CHAIRPERSON VO'R AAP�ERIOD OF ONE (1) YEAR, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins,. Tillotson, ,Speaker NOES: None " ABSENT: None ABSTAIN: None MOTION PASSED 1Tce- Chairperson: A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER, TO APPOINT COMMISSIONER BIDDLE AS VICE -CHAIRPERSON FOR A PERIOD OF ONE (1) YEAR, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED 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. 94-46: APPLICANT: Ty Wai Yep, 1923 E. 4th Street, Ontario, CA 91764 LOCATION: 5914 Warner Avenue (south side of Warner Avenue and west of Springdale Street) Conditional Use Permit No. 94-46 represents a request to establish a billiard parlor. Billiard parlors are classified by the Zoning and Subdivision Ordinance as commercial recreation and entertainment uses. These uses are subject to conditional use permit approval by the Planning Commission, and the billiard parlor operation is regulated by the Police Department pursuant to Chapter 9.32 of the Huntington Beach Municipal Code. The proposed billiard parlor use consists of 3,484 square feet with 18 pool tables; soft drinks and snacks will be available to the players. The Police Department suggests additional operational conditions be imposed to reduce the possibility of crime -related activity. PC Minutes - 3/14/95 2 (p=025) STAFF RECOMMENDATION: Staff is recommending the Planning Commission approve the request with conditions based on the following: Sufficient parking is available for this use. The proposed billiard parlor use is consistent with the general plan designation of Commercial General. The proposed billiard parlor use provides additional recreational opportunities. Conditions of approval are recommended to reduce the Police Department's concerns. THE PUBLIC HEARING WAS OPENED. Robert D. Dennis, 7521 Esfera Street, Carlsbad, representing adjacent business, Family Fitness Center, spoke in opposition to the request. Mr. Dennis stated that the proposed billiard parlor would create a hazardous environment for their clients by attracting teenagers and loiters who may consume alcoholic beverages. Robert H. Elsner, 18377 Beach Boulevard, #326, representing applicant, stated his clients concern with Condition No. 4 that would create an unfair cost to a single business owner. He requested that the condition include wording to provide that all property owners in the center would have to agree to participate in any parking area site modifications resulting from the Warner Avenue median modifications. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Planning Commission discussed the applicant's request to modify Condition No. 4, and mutually agreed to accept the modification. A MOTION WAS MADE BY LIVENGOOD, SECOND BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.94-46 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 3/14/95 3 (p=025) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-46: 1. The establishment, maintenance and operation of the proposed 3,484 square foot billiard parlor without the sale of alcoholic beverages within an existing commercial center will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. With the conditions imposed, the use will be compatible with other uses in the center and vicinity. 2. The proposed billiard parlor is consistent with the CG (General Commercial) zoning on the property. There is sufficient parking on site to accommodate the proposed billiard parlor. 3. The granting of Conditional Use Permit No. 94-46 to permit the operation of a billiard parlor will not adversely affect the General Plan of the City of Huntington Beach because the use is consistent with the General Plan designation of Commercial General. 4. The proposed billiard parlor is consistent with the following commercial development and tourism goals and objectives of the City's General Plan. (3.4.2.7) a. To insure commercial development that is economically viable, attractive, well related to other land uses, and satisfies the needs of the City's residents; and b. To promote the development of services and facilities necessary to support a tourist industry by: (1) Continuing to diversify the economic base of the City and increasing the tax base (2) Encouraging development of commercial complexes as centers of activity CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.94-46: 1. The floor plans received and dated February 8, 1995, shall be the conceptually approved layout. Prior to the issuance of building permits, the conditions herein shall be printed verbatim on the floor plan. 2. This approval is for a billiard parlor with ancillary sale of food. No alcoholic beverages shall be sold for consumption on -site without prior approval of a conditional use permit application. PC Minutes - 3/14/95 4 (p=025) 11 3. The use shall comply with the following: a. There shall be a minimum of two adult (21 years of age or older) employees on the premises during hours of operation. b. On Friday and Saturday nights, there shall be a minimum of one (1) security guard on -duty from 7:00 PM until closing. This security guard may be one (1) of the required two (2) adult employees. (PD) c. After 10:00 PM, juveniles (under 18 years of age) must be accompanied by a parent or guardian. (PD) d. All persons upon entering the location shall immediately give an employee a bonafide photo identification. The employee shall retain the identification until the patron leaves. (PD) e. Entering and exiting the building shall be through the front doors only. The rear door(s) shall have alarms which activate if the door is opened during regular business hours. (PD) f. A maximum of four (4) players shall be allowed at a table. Each player is allowed only one (1) pool stick. All non -used pool sticks shall be secured. (PD) g. All cue balls shall be secured except for those at tables where people are playing. (PD) 4. The property owner shall participate in a fair -share cost of any parking area site modifications resulting from the Warner Avenue median modifications provided all property owners within the center agree to participate. (PW) 5. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 6. Prior to final building permit approval or issuance of a Certificate of Occupancy, compliance with all conditions of approval specified herein shall be accomplished. 7. A review of the use shall be conducted within six (6) months of the issuance of Certificate of Occupancy approval to verify compliance with all conditions of approval and applicable provisions of the Huntington Beach Municipal Code. If at that time, there is a violation of these conditions or code sections, a public hearing may be scheduled to consider revocation of Conditional Use Permit No. 94-46. (PD) PC Minutes - 3/14/95 5 (pcm025) 8. This conditional use permit 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, notarized, and returned to the Planning Division; and until the ten (10) day appeal period has elapsed. CODE REQUIREMENTS 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department including: a. Fire extinguishers shall be installed and located in area to comply with Huntington Beach Fire Code standards. (FD) b. Address numbers shall be installed to comply with City Specification #428. The size of the numbers 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. (FD) c. 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, including low level exit signs. (FD) 2. The applicant shall comply with all requirements of the Huntington beach Municipal Code, Chapter 9.32 "Pool and Billiard Halls" including: a. Hours of operation which are limited to between 6:30 AM to 12:30 AM, seven (7) days a week. b. The premise specifications shall conform to Section 9.32.040. 3. All applicable Public Works fees shall be paid prior to issuance of building permits. 4. Traffic Impact Fees shall be paid at the time of final inspection of certificate of occupancy. 5. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Municipal Code occurs. 6. All signs shall conform to Planned Sign Program No. 90-2. PC Minutes - 3/14/95 6 (p=025) B-2 SITE PLAN AMENDMENT NO. 94-31LOT LINE ADJUSTMENT NO. 94-6: APPLICANT: New Urban West, Inc., 520 Broadway, Suite 100, Santa Monica, CA 90401 LOCATION: Caddington and Academy Circles in Final Tract No. 14892 (Portion of Tentative Tract No. 14009, near Northeast corner of Edwards Street and Garfield Avenue) Site Plan Amendment No. 94-3 and Lot Line Adjustment No. 94-6 represent a request by New Urban West, Inc. to modify an existing tract by increasing the length of Caddington Circle by approximately 54 feet and reducing the length of Academy Circle approximately 15 feet, in order to plot approved building plans in lieu of special plans shown on the originally approved site plan. The request includes lot line adjustments to 24 numbered lots and three (3) lettered lots to the previously approved Tract 14892. Due to the City's requirement to provide public street sections for Faircrest Drive, the applicant has requested to redesign a portion of the tract. The reconfiguration will not result in any substandard lot. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the site plan amendment and lot line adjustment for the following reasons: The lot line adjustment will not constitute a substantial change. There will be no change in density, as the use of the property will remain the same. The revision to the approved tract will result in an improved design, which will reduce the number and severity of irregular -shaped lots. The amendment will comply with all applicable provisions of the Ellis-Goldenwest Specific Plan except for the variances and special permits granted with the original tract. THE PUBLIC HEARING WAS OPENED. Tom Zanic, 520 Broadway, Santa Monica, applicant, gave a brief history of the site. Mr. Zanic stated that they were in concurrence with staff s recommendation and requested approval. Dave Bartlett, 6082 Jade, representing property owners at 6652 and 6672 Churchill Drive, requested that the City eliminate or relocate the equestrian trail located in the front yards of the properties directly adjacent to the proposed project. The trail could be relocated into the subject project. Mr. Bartlett asked that this request be incorporated into the current proposal. PC Minutes - 3/14/95 7 (p=025) Jean Kimbrell, 17192 Englewood, spoke in support of the request as submitted by the applicant. Ms. Kimbrell stated that she was opposed to changing any existing or proposed equestrian trails. Suzi Davis, 19365 Woodlands Lane, spoke in support of the request as submitted by the applicant.. Ms. Davis stated that she was opposed to changing any existing or proposed equestrian trails. Tammy Agajanian, 6572 Horseshoe Lane, spoke in support of the request as submitted by the applicant.. Ms. Agajanian stated that she was opposed to changing any existing or proposed equestrian trails. Carrie Thomas, 6642 Trotter Drive, spoke in support of the request as submitted by the applicant.. Ms. Thomas stated that she was opposed to changing any existing or proposed equestrian trails. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Chairperson Gorman explained to Mr. Bartlett and the public that this request was for a lot line adjustment not re-routing of the trails. Any issues regarding re-routing of the trails would have to be addressed in a different course of action. A MOTION WAS MADE BY LIVENGOOD, SECOND BY KERINS, TO APPROVE SITE PLAN AMENDMENT NO.94-3 AND LOT LINE ADJUSTMENT NO.94-6 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - SITE PLAN AMENDMENT NO. 94-3: 1. The revision to Conditional Use Permit No. 90-47 and Tentative Tract No. 14009 by extending Caddington Circle approximately 54 feet and shortening Academy Circle approximately 15 feet in order to plot standard building plans will not constitute a substantial change. The newly created lots will comply with the minimum lot area and frontage requirements of the Ellis-Goldenwest Specific Plan. 2. The use of the property and density will remain the same. Tract 14892 will remain with 34 single family residential units. PC Minutes - 3/14/95 8 (pcm025) 3. The revision will result in an improved development. The lot reconfigurations will reduce the number of "pie -shaped" lots thereby creating better buildable lots because of their rectangular shape. 4. The revision will comply with all applicable provisions of the Ellis-Goldenwest Specific Plan and Huntington Beach Zoning and Subdivision Ordinance. No variances or special permits are requested as part of this request. 5. The revision which will result in the abandonment and dedication of land area for the private streets and equestrian easement is consistent with the land use designation of Estate Residential of the Huntington Beach General Plan. FINDINGS FOR APPROVAL - LOT LINE ADJUSTMENT NO.94-6: 1. The lot line adjustment to 24 numbered lots (Lots 2-13, 15-26) and three lettered lots (Lots `B," "C," and "F") to Tract 14892 in conjunction with extending Caddington Circle approximately 54 feet and shortening Academy Circle approximately 15 feet will not create any non conforming parcel. All 34 residential lots will comply with the minimum lot area and frontage requirements of the Ellis-Goldenwest Specific Plan. 2. The lot line adjustment will not create a non conforming yard requirement. The lot line adjustment to 24 residential lots and 3 lettered lots will allow standard building plans to be plotted on all residential lots while meeting the minimum setback requirements. 3. The lot line adjustment will not sever existing structures within the tract. There are no existing structures located within the tract. 4. The lot line adjustment will not allow a greater number of dwelling units than allowed by the code prior to the adjustment. The tract is located within the Ellis-Goldenwest Specific Plan and will continue to permit 34 single family estate residences following the lot line adjustment. CONDITIONS OF APPROVAL - SITE PLAN AMENDMENT NO. 94-3/LOT LINE ADJUSTMENT NO. 94-6: The site plan dated and received on December 13, 1994, and Lot Line Adjustment application dated February 9, 1995, shall be the conceptually approved exhibits. 2. Prior to issuance of building permits, the following shall be completed: a. The south and west building elevations of the unit on Lot No. 7, and east and south building elevations of the unit on Lot No. 8 shall have the same trim details on the first floor as depicted on the second floor. PC Minutes - 3/14/95 9 (pcm025) 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 plant 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 prior to issuance of building permits. "Drought tolerant" plants and turf shall be used for all landscaping. A minimum of two, 36" box trees shall be planted in the southerly setback area between the building and the southerly property line on Lot No. 7 and on Lot No. 8. 3. Public Works Department requirements are as follows: a. Monuments for newly -established property lines shall be readjusted in compliance with the Subdivision Map Act. A record of survey shall be completed to verify the location of the newly placed monuments. b. Authentic data on the bearings of the adjusted lines shall be shown on a plat map(s) which shall be certified by the City Engineer prior to recordation. 4. All previously approved conditions of Conditional Use Permit No. 90-47 and Tentative Tract Map No. 14009 shall remain in effect unless superseded by this application. CODE REOUIREMENTS: 1. Site Plan Amendment No. 94-3 and Lot Line Adjustment No. 94-6 shall not become effective until the ten day appeal period has elapsed. C. CONSENT CALENDAR None D. NON-PUBLIC HEARING ITEMS None PC Minutes - 3/14/95 10 (p=025) E. PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Gorman - made a motion to reconsider the Planning Commission's action on Code Amendment No. 93-1, which would amend the Ellis-Goldenwest Specific Plan to allow for a park. Commissioner Gorman stated that after further review he realized that this was the only reasonable placement for the park and wished to reconsider his vote, Commissioner Kerins seconded the motion. Staff explained that Planning Commission's action on the Code Amendment was to continue for 60 days. Staff stated that they could bring this item back in four (4) weeks, as a reconsideration would do, but not with all the information the Commission had requested. Commissioner Gorman withdrew his motion, and Commissioner Kerins withdrew his second. SUBCOMMITTEE REPORTS: Commissioner Kerins - reported on the Bolsa Chica Subcommittee meeting. Commissioner Kerins stated that the main issues of the meeting were the fiscal impacts of the Bolsa Chica Development Agreement on city departments. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING G. ADJOURNMENT A MOTION WAS MADE BY TILLOTSON, SECOND BY SPEAKER, TO ADJOURN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, TUESDAY, MARCH 28, 1994, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED 1kj1 - "N //Z/ Planning Commission Chairperson 11 (p=025)