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HomeMy WebLinkAbout1995-10-10APPROVED 11/28/95 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, OCTOBER 10, 1995 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 4:00 PM GENERAL PLAN ELEMENT REVIEW A. Circulation Element B. Land Use Element (land use changes) C. Outstanding Issues REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P A P ROLL CALL: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker AGENDA APPROVAL A MOTION WAS MADE BY KERINS, SECOND BY LIVENGOOD, TO HEAR NON-PUBLIC HEARING ITEM D-1 AFTER PUBLIC HEARING ITEM B-2, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Speaker NOES: None ABSENT: Tillotson ABSTAIN: None MOTION PASSED Please note that the Iftnutes will reflect actions taken in their original order. 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. Mark Porter, representing Huntington Beach Tomorrow, stated that District Map No. 16, which includes Districts 7 and 8a of the Downtown Specific Plan, should have been included in the General Plan Amendment, but was not. Commissioner Kerins asked staff to comment on the ommission. Staff stated that these areas of the Downtown Specific Plan had been reviewed by the General Plan Advisory Committee (GPAC) and suggested that it be analyzed in the Downtown Specific Plan. Staff also stated that the property owner in the area was selling the land, and requested no changes be made until the sale had been complete. B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO. 95-68NARIANCE NO. 95-19: APPLICANT: EZ Lube, c/o Mike Dobson, 2447 Pacific Coast Highway, #106, Hermosa Beach, CA 90254 PROPERTY OWNER: Freeway Industrial Park, 2032 La Colina Drive, Santa Ana, CA 92705 LOCATION: 7361 Edinger Avenue, northeast corner of Gothard Street and Edinger Avenue Conditional Use Permit No. 95-68 and Variance No. 95-19 represent a request to establish an auto service facility with a portion of the building encroaching into the required 50 feet Edinger Avenue setback. PC Minutes - 10/10/95 2 (p=039) STAFF RECOMMENDATION: Staff recommends that the Planning Commission deny the conditional use permit for the auto service facility and the variance for the setback because: ♦ The proposed use is not a Regional Commercial use pursuant to the draft General Plan. ♦ The proposed use is inappropriate for the proposed site and should be located on a street zoned and general planned General Commercial in the draft General Plan. ♦ There are insufficient findings to make to grant the variance; the building can be designed to comply with the commercial district standards. THE PUBLIC HEARING WAS OPENED. Michael Dobson, 2176 Rockinghorse Lane, owner of EZ Lube, gave a brief history of the project and the site. Mr. Dobson stated that he has been dealing with the City in good faith for the past four (4) months. He stated that there had been some miscommunication regarding the setback requirements, but now agreed with the staffs alternative recommendation. Janet Trotter Ditkowsky, 2032 La Colina Drive, Santa Ana, representing property owner, stated that the site was to small, and restricted the use of the land. Ms. Ditkowsky stated that this was a good project for the site and the new development would encourage surrounding owners to upgrade and bring revenue to the City. Jim Auther, 4000 MacArthur Blvd., #1500, representing property owner, stated that from a marketing point of view there was limited use for the small property and also it must be self contained. Rudy Alerge, 406 Ocean View Avenue, architect, submitted pictures to the Commission and stressed the aesthetically pleasing aspects of the project. THERE WERE NO' OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commissioners stated that they would like to include in the conditions of approval additional landscaping between the building and the setback area from Gothard Street by requiring movement of the building ten (10) feet to the east. PC Minutes - 10/10/95 3 (pcm039) A MOTION WAS MADE BY LIVENGOOD, SECOND BY KERINS, TO APPROVE CONDITIONAL USE PERMIT NO. 96-68 AND VARIANCE NO. 95-19 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Speaker NOES: None ABSENT: Tillotson ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT 95-68: 1. The establishment, maintenance and operation of the proposed 3,126 square foot auto service facility will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Sufficient parking will be provided for the commercial use. Driveway modifications eliminate a driveway on each street and provide wider driveways which reduce traffic congestion near the intersection. The structures will be built in compliance with the Uniform Building Code and will not pose an undue health and safety risk to residents in the vicinity. 2. The granting of the conditional use permit the proposed auto service facility will not adversely affect the General Plan. The Land Use Element provides for this type of use. 3. The proposed auto service facility will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. The proposed auto service facility complies with the commercial development standards except for the variance request. FINDINGS FOR APPROVAL - VARIANCE NO.95-19: The granting of a variance to allow a portion of the building to encroach into the 50 feet setback will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The zoning ordinance allows encroachments into the setback when additional landscaping is provided. Approximately 3,000 additional square feet of landscaping will be provided. Surrounding properties have varying setbacks. PC Minutes - 10/10/95 4 (p=039) 2. Because of special circumstances 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 classification. The subject property is located at an intersection where the setback varies. 3. The granting of a variance to allow encroachment into the front setback is necessary to preserve the enjoyment of one or more substantial property rights. The encroachment will allow additional landscaping and special paving treatment to enhance the aesthetic quality of the proposed development. 4. The granting of the variance to allow an auto service facility will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The subject property is located at an intersection where the setback varies. The encroachment is only for a portion of the building that does not include landscaping. The structures will be built in compliance with the Uniform Building Code and will not pose an undue health and safety risk to residents in the vicinity. Granting of the variance is consistent with the Land Use Element, of the General Plan which allow a variety of commercial uses. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95-68/ VARIANCE NO. 95-19: 1. The site plan, floor plans, and elevations received and dated August 3, 1995, shall be the conceptually approved layout with the following modifications: a. Relocate the building ten (10) feet to the east. b. Provide additional landscaping between the building and the increased setbacks from Edinger Avenue and Gothard Street. 2. Prior to submittal for building permits, the following shall be completed: a. Depict all utility apparatus, such as but not limited to backflow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. If foil -type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. c. Elevations shall depict colors and building materials proposed. PC Minutes - 10/10/95 5 1 (pcm039) d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the following shall be completed: a. The property owner shall dedicate a strip of land 9.00 feet wide along Edinger Avenue and an area at the corner of Edinger Avenue and Gothard Street with 29.00 feet radius. 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 proposedlexisting 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 233 of the Huntington Beach Zoning and Subdivision Ordinance. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. The landscape planting shall provide for and accommodate the ultimate landscape concept for the Edinger Avenue Corridor. c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). d. Hydrology and hydraulic studies shall be submitted for Public Works approval. PC Minutes - 10/10/95 6 (pcm039) e. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent 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. f. Fire Department requirements shall be noted on the building plans: 1. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. 2. Address numbers shall comply with City Specification #428. 3. Installation or removal of underground flammable liquid storage tanks shall comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. 4. 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. 5. 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. 6. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. PC Minutes - 10/10/95 7 (pcm039) c. Compliance with all conditions of approval specified herein shall be accomplished. d. The reciprocal driveway improvements shall be completed. e. Remove the most westerly driveway on Edinger Avenue and the most southerly driveway on Gothard Street and replace with curb, gutter and sidewalk. f. Remove and replace the most northerly driveway on Gothard Street and the most easterly to comply with Standard Plan No. 211A & B. g. The existing traffic signal conduit and equipment shall be protected in place. h. Any existing overhead utilities shall be installed underground. i. The property owner and/or applicant shall enter into an agreement with the City to install street improvements and traffic signal modifications on Edinger Avenue and Gothard Street by a date certain. Said agreement shall be secured by a bond or deposit equal to 150 percent of the City's estimate (including inflation estimated) of the required improvements. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. All applicable Public Works fees shall be paid. 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. 3. An encroachment permit shall be required for all work within the right-of-way. 4. Parking lot striping shall comply with Chapter 231 of the Huntington Beach Zoning and Subdivision Ordinance and Title 24, California Administrative Code. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6. The development shall comply with the new State Handicapped Regulations. Access for the disabled is required from the public way to the entrance and within the building. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal Holidays. 8. All new utilities shall be installed underground. PC Minutes-10/10/95 8 (p=039) 9. Conditional Use Permit No. 95-68 and -Variance No. 95-19 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum of 30 days prior to the expiration date. 10. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95- 68 and Variance No. 95-19 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. B-2 VARIANCE NO.95-10: APPLICANT: Huntington Beach Wetlands Conservancy, P.O. Box 5903, Huntington Beach, CA 92615 PROPERTY OWNER: Southern California Edison Co., 14804 Chestnut St., Westminster, CA 92683 LOCATION: 21900 Pacific Coast Highway (inland side of Pacific Coast Highway, east of Newland Street) The proposed project to establish a wetlands and wildlife care center (Conditional Use Permit No. 92-1) was approved by the City Council on September 21, 1993, and by the California Coastal Commission on August 13, 1993. The project site is located in a floodplain, therefore, new construction must be elevated or floodproofed one foot above the base flood elevation. The applicant has indicated that elevation or floodproofing to a height of 12 feet above sea level is cost prohibitive and requests approval to construct the buildings at 7.5 feet and 9.25 feet above sea level. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Variance No. 95-10 for the following reasons: The two (2) buildings are part of wetlands and wildlife care center which is a temporary use of property. • The buildings comply with all other provisions of the Huntington Beach Zoning and Subdivision Ordinance. • The variance is necessary because of the location of the wetland and wildlife care center and its location to the wetlands and shoreline. PC Minutes - 10/10/95 9 (p=039) Although the buildings will be below the floodplain level, and not floodproofed, they will be designed and constructed to comply with most other provisions of the floodplain ordinance such as anchoring which will reduce the possibility of floatation, collapse, or movement. Improvements to the Santa Ana River have reduced flood damage possibilities to the City. The granting of a floodplain variance does not substantially increase public liability for the City. THE PUBLIC HEARING WAS OPENED. Gordon Smith, 19682 Island Bay Lane, stated that the project would become cost prohibitive without a variance. He stated in order to satisfy the code, they would need to raise the existing grade six (6) feet. With the 12 foot high building the site would be higher than the others in the area. He also stated that the use would be industrial, not occupational and all other FEMA requirements would be adhered to. Jerry Dominguez, 7333 Bolsa Avenue, Regional Manager for Southern California Edison, spoke in support of the request. He stated that the variance was necessary for project feasibility. Mark Meizner, 1741 Tustin Avenue, representing Southern California Edison, spoke in support of the request. He stated that raising the building to the recommended height would be eyesore along Pacific Coast Highway. Robert London Moore, Jr., spoke in support of the project stating that the requirements were overbearing for a temporary structure. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the landscape requirements and staff stated that there was a landscape plan for natural vegetation and will have discussion with Edison regarding additional landscaping. The Commission requested that staff refer to the area as wetlands in the findings of approval. PC Minutes - 10/10/95 10 (p=039) A MOTION WAS MADE BY HOLDEN, SECOND BY BIDDLE, TO APPROVE VARIANCE NO.95-10 WITH MODIFIED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Kerins, Speaker NOES: None ABSENT: Tillotson, Gorman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - VARIANCE NO. 95-10: The proposed buildings at 7.5 feet and 9.25 feet above sea level but below the minimum 12 foot elevation required for floodproofing provides the minimum deviation to afford relief from the provisions of Chapter 222. The structures will be 2.75 feet and 4.5 feet within the base flood level. The buildings will be anchored to prevent floatation, collapse, or movement and utilities and mechanical equipment will be protected from damage. 2. The proposed project will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create a nuisance, cause fraud or victimization of the public, or conflict with existing local laws or ordinances. The proposed project will not create substantial public expense. Signs will be posted in each structure identifying the possibility of flood hazards. 3. The granting of a variance to floodplain elevation and flood -proofing standards will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The subject site is the adjacent to the wetland and other properties. that are constructed in noncompliance with floodplain regulations. With the exception of the variance to allow the lowest floor within the base flood elevation, all other standards to construction will be applicable. 4. There are special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance deprives the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The site is relatively flat, rectangular in shape, and consists of 1.76 acres in area. A portion of the site is a wetland. It is adjacent to the wetlands and to other properties that are constructed in noncompliance with floodplain regulations. PC Minutes - 10/10/95 11 (p=039) The granting of a variance to floodplain elevation and flood -proofing standards is necessary to preserve the enjoyment of one or more substantial property rights. The variance offers minimum deviation from floodplain requirements and allows development of the site previously approved as Conditional Use Permit No. 92-1. 6. The granting of the variance to floodplain elevation and flood -proofing standards will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The buildings will be anchored to prevent floatation, collapse, or movement, and utilities and mechanical equipment will be protected from damage. Building design will include construction methods necessary to compensate for hazards including flood hazards as required by the General Plan. CONDITIONS OF APPROVAL - VARIANCE NO. 95-10: 1. The site plan and elevations received September 6, 1995, shall be the conceptually approved layout. 2. Prior to issuance of building permits the applicant shall complete the following: a. Submit a foundation plan that demonstrates that the buildings will be properly anchored and documentation that the integrity of the foundation will not be adversely affected by floodwaters. b. Design the building walls to equalize the interior and exterior hydrostatic pressure to the greatest extent possible. c. Provide nonporous exterior cladding finish to the buildings' exterior. The metal building shall be constructed of corrosion resistant materials. d. Provide finish floor materials that are able to withstand inundation of flood waters. e. Provide flood resistant material to all architectural components that are exposed to flooding, such as sealed metal door systems, glass block, sealed unbreakable window panes, wire -reinforced glass, tempered glass, protective screens. f. Provide method of protecting electrical system and heating and ventilation equipment from flood damage. 3. Prior to final building inspection or certificate of occupancy the applicant shall submit a copy of an "as -built" flood elevation certificate. 4. An exhibit shall be provided in the visitors center explaining the benefit of the wetlands including floodplain benefit. PC Minutes - 10/10/95 12 (pcm039) 5. Post a sign in each building advising occupants that the building is located in a floodplain and there is a flood danger possibility. 6. All conditions of approval of Conditional Use Permit No. 92-1 shall be applicable. B-3 CIRCULATION ELEMENT - GENERAL PLAN AMENDMENT NO. 94-2/ ENVIRONMENTAL IMPACT REPORT NO.94-1 - COMPREHENSIVE UPDATE OF THE HUNTINGTON BEACH GENERAL PLAN (CONTINUED FROM THE SEPTEMBER 26, 1995 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: City Wide General Plan Amendment No. 94-2/Environmental Impact Report No. 94-1 is the comprehensive update of the city's General Plan. Since its adoption in December of 1976, the General Plan has undergone incremental updates to reflect the changing needs of the city; however no comprehensive update has occurred since the initial adoption. The public hearings on the General Plan update began on July 18, 1995. The Planning Commission at the meeting of September 26, 1995, continued the public hearings open to the meeting of October 10, 1995. This report represents the Circulation Element. At the last meeting, the Commission recommended continuance of this item to allow further review of the alternative traffic model scenarios included as part of the preparation of the Circulation Element. STAFF RECOMMENDATION: Staff recommends that the Planning Commission continue the Circulation Element until all the land use map recommendations have been completed. This will allow city staff to analyze the land use map recommendations on the circulation system and formulate a recommendation on the traffic model scenario to be used. THE PUBLIC HEARING WAS OPENED. John F. Scott, 22032 Capistrano Lane, stated his concern with the bridges that were to be built as stated in the General Plan adopted in the 1950's. He stated that he did not think there was a necessity for them at this time. William Curtis, 308 East Carrillo Street, stated he supported staffs work on the General Plan and expressed his concern that all oil sites be checked. PC Minutes - 10/10/95 13 (pcm039) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED OPEN. A MOTION WAS MADE BY BIDDLE, SECOND BY KERINS, TO CONTINUE THE CIRCULATION ELEMENT TO THE NOVEMBER 14, 1995, PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE; AYES: Holden, Livengood, Biddle, Gorman, Kerins, Speaker NOES: None ABSENT: Tillotson ABSTAIN: None MOTION PASSED B-4 LAND USE ELEMENT (REVIEW LAND USE CHANGES) - GENERAL PLAN AMENDMENT NO. 94-2 / ENVIRONMENTAL IMPACT REPORT NO. 94-1 - COMPREHENSIVE UPDATE OF THE HUNTINGTON BEACH GENERAL PLAN (CONTINUED FROM THE SEPTEMBER 26.1995 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: City Wide General Plan Amendment No. 94-2/Environmental Impact Report No. 94-1 is the comprehensive update of the city's General Plan. Since its adoption in December of 1976, the General Plan has undergone incremental updates to reflect the changing needs of the city; however no comprehensive update has occurred since the initial adoption. The public hearings on the General Plan update began on July 18, 1995. The Planning Commission at the meeting of September 26, 1995, continued the public hearings open to the meeting of October 10, 1995. At the meeting of September 26, 1995, the Commission received public testimony on the proposed land use map recommendations and took straw votes on 34 of the proposed 96 recommended changes. In addition, the Commission through out this process has set aside some outstanding issues for review and consideration at a later date. It is anticipated that the Commission will continue the review tonight with site No. 34 and attempt to take straw votes through site No. 60. PC Minutes - 10/10/95 14 (p=039) THE PUBLIC HEARING WAS OPENED. Bill Holman, 23 Corporate Plaza Drive, #250, Newport Beach, CA 92660, representing Huntington Beach Company, requested the following changes in the Land Use Element: 1) Area 23 - Add "Oil Production" to permitted uses and change intensity from -F1 to -F2; 2) Area 65 - Designate as "Commercial Office".. change intensity from -F8 to -F9, and eliminate "-sp" requirement for specific plan; 3) Area 69 - Remove "Public" designation; and 4) Area 70 - Retain "Industrial' designation. Jon Ely, 22051 Hula Circle, stated he was representing 2,000 people who wished to keep areas 53, 90 and 93 designated as Open Space. Scott Thomas, Sea and Sage Audobon, 27171 Cipres, Mission Viejo, requested the Commission to designate areas 53, 90 and 93 as Open Space. Gerald T. Elliott, 18081 Shadel Drive, Santa Ana, area 13, spoke in opposition to the addition of a P, Public, designation to this area. Dr. Basilio Lakpakian, 19831 Scenic Bay Lane, area 23, spoke in opposition to any commercial designation being added at this location. Larry Webb, 14751 Plaza Drive, Suite "M % Tustin, area 41, stated he agreed with the staff recommendation for this area. John Taylor, 7942 Cypress Avenue, area 41, spoke in opposition to redesignating this area High Density Residential. Irma Benevenia, 17502 Beach Boulevard, area 41, spoke in opposition to redesignating this area High Density Residential. Dr. David Dains, 17751 Beach Boulevard, area 41, spoke in opposition to any change in this area. Tan Nagel, 7837 Newman, area 41, spoke in opposition to any change in this area. Scott Fawcett, 8739 Hudson River circle, Fountain Valley, area 41, spoke in opposition to any change in this area. Anne Banich, 17731 Beach Boulevard, area 41, spoke in opposition to any change in this area. Craig Houser, 17610 Beach Boulevard, area 41, spoke in opposition tQ any change in this area. PC Minutes - 10/10/95 15 (p=039) Clifford C. Houser, 9301 Central Ave., Garden Grove, area 41, spoke in opposition to any change in this area. Vince Ross, 145 E. Fig Street, Suite E, Fallbrook, area 41, spoke in opposition to any change in this area. Marie Heng, M.D., 17456 Beach Boulevard, area 41, spoke in opposition to any change in this area. Janet Jan, 17216 Beach Boulevard, area 41, spoke in opposition to any change in this area. Kimo Jarrett, 17472 Beach Boulevard area 41, spoke in opposition to any change in this area. Karl Wysocki, 9072 Christine Drive, area 53, requested that this area remain Open Space. Robert Nastase, 5576 Dover Street, Chino, area 53, representing a property owner in the area, stated that their was currently litigation pending on the property that would buy the land at less than its true value. Dennis Holtz, 20471 Bushard Street, area 52, spoke in support of Commercial designation in this area. Norma Vander Molen, 9472 Mokihama, area 53, requested that this area remain Open Space. Mark Hoffman, M.D., 9362 Gateshead Drive, area 53, requested that this area remain Open Space. Nancy Horner, 320-1 lth Street, area 61, spoke in opposition to any change in this area. Barbara Devlin, 17156 Edgewater Lane, area 71, spoke in opposition to any change in this area. Mark Porter, 19561 Topeka Lane, President Huntington Beach Tomorrow, suggested restudy for area 33; disagreed with recommendation on area 34 stating it should remain commercial; agreed with recommendation on 35, 36, 37 but with the density being capped at the existing 15 du/ac; disagreed with area 41 recommendation stating area should remain General Commercial; and disagreed with recommendation on area 52 as the area is surrounded by RL development. PC Minutes - 10/10/95 16 (p=039) Fred Galluccio, 9182 Christine Drive, area 53, requested that this area remain Open Space. Donald P. Jones, 1615 E. Bay Front, Balboa, area 41, spoke in opposition to any change in the area. Joe Fernandez, area 36, spoke in opposition to any change in this area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED OPEN TO THE OCTOBER 24, 1995 PLANNING COMMISSION MEETING. The Commissioners took straw votes on Areas 33 through 65 (see proposed GPAC Land Use Recommendations Matrix as of October 10, 1995, General Plan Amendment No. 94-2 file). A MOTION WAS MADE BY LIVENGOOD, SECOND BY SPEAKER, TO ACCEPT THE STRAW VOTES TAKEN ON AREAS 33 THROUGH 65 AND THE CONTINUE THE LAND USE ELEMENT TO THE PUBLIC HEARINGS ON GENERAL PLAN AMENDMENT NO. 94-2 AND ENVIRONMENTAL IMPACT REPORT NO.94-1 TO THE OCTOBER 24, 1995 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Speaker NOES: None ABSENT: Tillotson ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED AUGUST 8. 1995 A MOTION WAS MADE BY BIDDLE, SECOND BY KERINS, TO APPROVE PLANNING COMMISSION MINUTES DATED AUGUST 8, 1995, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gormart, Kerins, Speaker NOES: None ABSENT: Tillotson ABSTAIN: None MOTION PASSED PC Minutes - 10/10/95 17 (pcm039) D. NON-PUBLIC HEARING ITEMS D-1 CONDITIONAL USE PERMIT NO. 94-25/COASTAL DEVELOPMENT PERMIT NO.94-10: APPLICANT: City of Huntington Beach, Department of Community Services LOCATION: 317 Pacific Coast Highway (former Maxwell's Restaurant site Conditional Use Permit No. 94-25 and Coastal Development Permit No. 94-10 is a request by the Huntington Beach Department of Community Services to approve revised floor plans and elevations for the construction of a new, 18,000 sq.ft., two (2) story restaurant building at the foot of the Huntington Beach Municipal Pier. The project was previously approved by the Planning Commission and City Council. On June 16, 1995, the California Coastal Commission conditionally approved the City's request to demolish the former Maxwell's Restaurant building and permit the construction of a new, 35,000 square foot, three (3) story restaurant and banquet facility. The project has since been modified by reducing the size and height of the building. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the revised floor plans and elevations based upon the following: • The revised floor plans and elevations result in an improved design. • The use of the property remains the same because the new building is a restaurant use. • The revision does not constitute a substantial change. The proposed building will have a lower building height. o The revision complies with all applicable provisions of the Downtown Specific Plan and the conditions of Conditional Use Permit No. 94-25/Coastal Development Permit No. 94-10. The revised elevations are consistent with the Downtown Design Guidelines. A MOTION WAS MADE BY LIVENGOOD, SECOND BY GORMAN, TO APPROVE CONDITIONAL USE PERMIT NO. 94-25 AND COASTAL DEVELOPMENT PERMIT NO. 94-10 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Gorman, Speaker NOES: Biddle, Kerins ABSENT: Tillotson ABSTAIN: None MOTION PASSED PC Minutes - 10/10/95 16 (p=039) F-� E. PLANNING COMMISSION ITEMS/INOUHUES Commissioner Kerins - requested staff to post a sign in the Council Chambers lobby stating "No conversation while meetings are in session." He also questioned staff as to when a conditional use permit expires. Staff explained that a permit expires within one (1) year unless development or activity takes place; or an extension of time is approved. The Commission discussed the possibility of the conditions of approval for a conditional use permit that has not been fully developed within the time allotted be reviewed after a certain amount of time, and asked staff to schedule a discussion of this at a future study session. E-1 PLANNING COMMISSION SUBCOMMITTEE REPORTS Commissioner Livengood - stated that their would be a City Council General Plan Subcommittee meeting Thursday, October 12, 1995 a 4:00 PM. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Senior Planner - restated actions taken at the previous City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner - reviewed the items for the October 24, 1995, Planning Commission meeting.. PC Minutes - 10/10/95 19 (pcm039) G. ADJOURNMENT Adjourn to the October 24, 1995, Study Session at 4:00 PM and then to the regularly scheduled meeting at 7:00 PM A MOTION WAS MADE BY KERINS, SECOND BY BIDDLE, TO ADJOURN TO A 4:00 PM STUDY SESSION ON OCTOBER 24,1995, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Speaker NOES: None ABSENT: Tillotson ABSTAIN: None MOTION PASSED /kjl APP ROVED BY: L-� H rd Zelefskv, Se reta PC Minutes - 10/10/95 20 -nt - X, 4 I-P, Planningr ommission Chairperson (p=039)