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HomeMy WebLinkAbout1996-01-09MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JANUARY 9, 1996 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 6:30 PM REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker ELECTION OF CHAIRPERSON AND VICE -CHAIRPERSON: A MOTION WAS MADE BY KERINS, SECOND BY GORMAN, TO APPOINT COMA'IISSIONER BOB BIDD•LE AS CHAIRPERSON TO THE PLANNING COMMISSION 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 MOTION -WAS MADE -BY BIDDLE-,"SECOND BYI,IVENG0'OD, 1 V APPOINT COMA'1ISSIONER EDWARD' KERINS AS VICE -CHAIRPERSON TO f)4E PUNNING COSSION 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 PRESENTATION BY NEW CHAIRPERSON TO OUTGOING CHAIRPERSON GARY GORMAN: Presentations were made to Outgoing Chairperson Gary Gorman, by Planning Commission Chairperson Bob Biddle and City Councilmember Victor Leipzig. AGENDA APPROVAL A. ORAL COMMUNICATIONS - (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. NONE B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO. 95-65NARIANCE NO. 95-29: APPLICANT: Kathryn McKinish and Becky Van Buskirk, 609 Main -Street, Huntington Beach, CA 92648 PROPERTY OWNER: Jerry McKinish, 915 Lake Street, Huntington Beach, CA 92648 LOCATION: 609 Main Street (west side of Main -Street, between Acacia and - _ Palm) Conditional Use Permit No. 95-65 and Variance No. 95-29 represent a request to establish a bed and breakfast inn and includes a variance to provide five (5) of the required. six (6) parking spaces on -site with valet parking. The applicants propose to utilize the two (2) ,- existing -residential structures on the property for the bed and breakfast and after minor -remodeling will rent out a total of four (4) bedrooms. - �-��he pra0 .complies with all. aspects of the.Iiuntington Beach Ordinance Code -with the - - exceptiGn of the -number and design of parking stalls.- - -- The main'issues involved in analysis of this request are parking and compatibility with other surrounding uses. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 95-65 and Variance No. 95-29 for the establishment of a bed and breakfast with a parking variance because: • All of the three (3) code required findings for establishment of a bed and breakfast inn can be made. • Use ofthe structure will preserve a historical building. • The establishment will be operated by a property owner living on the premises. PC Minutes - 1/9/96 2 (pcm044) 1 o The bed and breakfast establishment and building addition will be compatible with other adjacent residential and commercial uses in terms of architectural appearance, style, and provision of public services and utilities. o Five (5) of the required six (6) parking spaces can be provided on -site with valet parking. o Granting of the variance will not result in a special privilege as other parking variances have been approved in the vicinity. o The structure and property are subject to land related hardships due to the non- conforming size of the commercial property and the existing residential structure. o The project will be subject to a one (1) year review with public hearing to determine compliance with all conditions of approval and insure that the use has not created a parking problem. The Planning Commission reserves the right to amend the conditions of approval and require additional on -site parking spaces-_ THE PUBLIC HEARING WAS OPENED. Kate McKinish, 609 Main Street, applicant, stated that she had four (4) concerns she wished to address: 1) The condition that would require additional parking spaces, if needed, after a one (1) year period. If they could count the two (2) on -street spaces they would have a total of seven (7) spaces; 2) Page- 8, Paragraph 2,- of the staff report states that the parking provisions with valet service will substantially meet the parking demand; 3) She requested that turf block be allowed for the three (3) spaces along the northerly property line in -lieu of asphalt or concrete; and 4) Requested that the public improvements be allowed to occur after they have been in busims for a.p-eriod ofiime. Richard Harlow, 211 Main Street, representing applicant, spoke in support of the request. He stated that the proposal would preserve a historical building. -Also that parking,; variances have been granted to uses in the adjacent area, and with valet parking there -should not be a -significant impact. Turf block in lieu of asphalt.w concrete was for . aesthetic reasons. The concern over Public Improvements costs -was due"to the one (1) year review of the project. He suggested that these improvements be required after the one (1) year review. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR - - AGAINST THE REQUEST AND -THE PUBLIC HEARING WAS CLOSED: r The Commission supported the request with the modifications to conditions to include inclusion of the turf block in lieu of concrete or asphalt, deletion of the wording "and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that - time if there are violations of these conditions or if a -parking problem occurs, staff will conduct a public hearing in order for the Planning Commission to consider modifications to the conditions of approval including requiring the provision of additional on -site parking spaces." on Condition No. 5, for Code Requirement No. 5, add the word "occurs" after the word "conditions" and delete the wording "....or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs.", and the inclusion of staffs revisions as submitted in the addendum that evening. PC Minutes - 1/9/96 3 (pcm044) A MOTION WAS MADE BY LIVENGOOD, SECOND BY KERINS, TO APPROVE CONDITIONAL USE PERMIT NO. 95-65 AND VARIANCE NO. 95- 29 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 - CONDITIONAL USE PERMIT NO 95- 65• The establishment, maintenance and operation of the bed and breakfast with valet parking 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 because the use is compatible with other residential and commercial uses in the vicinity, adequate parking for the facility can be provided through the use of valet parking, and the business will be operated by an owner living on -site. 2. Conditional Use Permit No. 95-65 for establishment of a bed and breakfast with valet parking will be compatible with surrounding uses because with the exception of parking the use will resemble a residential use. _. 3_-The proposed bed and breakfast with valet parking will comply with the provisions of the base district which -is General Commercial and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for T the proposed use in the district in which it would be located with the exception.of parking. Variance No. 95-29 has been approved in conjunction with this request to reduce the number w of on -site parking spaces and to allow substandard spaces to be served by valet parking. 4. The granting of the conditional use permit for a bed and breakfast establishment with valet parking will not adversely affect the General Plan. It is consistent with the Land Use Element dcsignation of on the subject property: Jn addition, it is'consistent-with the following goals -rand policies of the General Plan: A. Section 3.4.2.1 Community Appearance: To,develop and maintain high standards of visual beauty within all areas of the City by: 1. Preserving areas of significant scenic beauty such as waterways, bluffs, trees, and historical landmarks. B. Section 3.4.2.8 Commercial Development and Tourism: To promote the development of services and facilities necessary to support a tourist industry by: 2. Continuing to diversify the economic base of the City and increasing the tax base. 4. Promoting hotel and tourist -oriented retail development in appropriate locations. PC Minutes - 1/9/96 4 (pcm044) FINDINGS FOR APPROVAL - VARIANCE NO. 95-29: 1. The granting of a variance to permit five on -site, substandard parking spaces to be served by valet parking in -lieu of the required six spaces will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Other projects in the area have been granted parking variances, particularly in terms of a reduction in the number of spaces to be provided. In addition, there are two (2) parking spaces on Main Street adjacent to the subject property. 2. Because of special circumstances applicable to the subject property, including size, shape, 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 property is- encumbered because it is a legal non -conforming commercial property that is undersized for commercial development. Also, the existing residential structures on the property have been listed in the City's Historical Resources Inventory and the granting of the variance will encourage the preservation of the structure. 3. The granting of a variance to permit five on -site, substandard parking spaces to be served by valet parking in -lieu of the required six spaces -is necessary to preserve the enjoyment of one ('I) or more substantial property rights. The existing residential structures on the property have been listed in the City's Historical Resources Inventory and the granting of the variance will facilitate_ the pre ervation`o_ f the structure. 4. The granting of the variance 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. A condition of approval requires that valet service for be provided to guests at all times the bed and breakfast establishment is in operation in order to reduce the on - street parking impacts and preserve- he -rights of other* ners*k­- - CONDTIE'IO}NS OF APPROVAL -CONDITIONAL USE PERMIT NO. 95-65:' ) : - The site plan received and dated December 28, 1995 and the floor plans and elevations received and dated November 6, 1995 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Elevations shall depict colors and building materials proposed. b. The site plan shall include (or reference page) all conditions of approval imposed _-_ on the project printed verbatim. PC Minutes - 1/9/96 5 (p=044) 3. Prior to using the buildings as a bed and breakfast establishment, the following shall be completed: a.. The applicant shall stripe the parking so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance with the exception of the aspects of the approved variance. Turf block may be used for the three (3) spaces along the northerly property line in -lieu of asphalt or concrete. b. The applicant shall dedicate two and one-half feet of alley right-of-way to the City of Huntington Beach. The applicant shall also remove existing asphalt and replace with new concrete for one-half of the width of the alley adjacent to the property. A field inspection by Public Works shall determine whether any of the curb, gutter, sidewalk, or street in the front of the property on Main Street warrant improvements by the-applicant.(PW) c. The applicant shall complete all necessary upgrades to the water meter and service lines as determined necessary by Public Works Department and Building Division. d. All improvements to the property except the proposed room addition shall be completed in accordance with the approved plans and conditions of approval specified herein. e. 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. 4. The use shall comply with the following: a: After check in, all registered guests to the bed and breakfast inn shall be provided with valet service for the parking of vehicles 24 hours a day, seven days a week -`with,the exception of days -and times when the bed and breakfast is not in - operation. The applicants shall not be required to provide valet parking service for = visitors to the site that are not registered guests. -b. Fire access lanes shall be maintained especially while providing valet service. If fire lane violations occur and the services of the Fire Department are required the applicant will be liable for expenses incurred. (FD) 5. A review of the use shall be conducted by the Staff within twelve (12) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval. PC Minutes - 1/9/96 6 (pcm044) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. If determined necessary, Traffic Impact Fees shall be paid at the time of final inspection. (PW) 2. An encroachment permit shall be required for all work within the right-of-way. (PW) 3. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 4. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. -Construction shall be prohibited Sundays and Federal holidays. 5. The Planning Commission reserves the right to revoke Conditional Use Permit -No. 95-65/Variance No. 95-29, pursuant to a public hearing, if any violation of these conditions occurs. 6. Conditional Use Permit No. 95-65/Variance No. 95-29 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 Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. B-2 USE PERMIT NO. 95-11 (APPEAL): APPLICANT: Ruby's Diner, Inc., 110.Newport Center Drive, #110, Newport Beach, CA 92660 - APPELLANT: Planning Commissioner Bob Biddle; =17-10 Pine Street, Huntington Beach, CA 92648 PROPERTY OWNER: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: 1 Main Street (End of the Municipal Pier) This request is an appeal filed by Planning Commissioner Bob Biddle, of the Zoning Administrator's approval of Use Permit No. 95-11, a request to establish alcoholic beverage sales within the previously approved Ruby's Diner restaurant. The appellant states that the City's decision should come before the Planning Commission as the impacts of the decision are far-reaching and should not be decided by one person. PC Minutes - 1/9/96 7 (p=044) STAFF RECOMMENDATION: Staff recommends the Planning Commission uphold the Zoning Administrator's action and approve Use Permit No. 95-11 for the following reasons: Alcoholic beverage sales and consumption will take place within a restaurant building previously approved for the site. The sale of alcohol will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to property values and improvements in the neighborhood. The sale of alcoholic beverages in conjunction with the restaurant use is consistent with the Visitor Serving Commercial Land Use designation of the General Plan by providing visitor serving facilities. Commissioner Biddle stated that his reason for appealing the Zoning Administrator's action was that any use of alcohol on the oceanside of Pacific Coast Highway should come before a higher reviewing body to allow for a broader public hearing process. He also stated concern regarding the percentage of alcohol that would be sold, and the possibility of the restaurant developing a bar atmosphere. The Commission discussed the requirements for alcohol sales in a restaurant. Legal Counsel Paul �D'Alessandro explained to the Commission that alcohol licensing is controlled by Alcohol Beverage Control (ABC). He stated that the Commission can regulate the use of alcohol, but not possession, by conditioning certain requirements that pertain to the business. __.THE PUBLIC HEARING WAS OPENED. Mark Porter, 19561 Topeka Lane, President Huntington Beach Tomorrow, stated that as the City does not allow alcohol companies to sponsor events that are held on the sand, approval of alcohol _ use on the pier would be a contradiction. Marie St. Germain, 505 Alabama Street, representing Downtown Residents Association, stated - that the Association was concerned that increased noise from this use would bring problems to the _ ' ^Downtown residents. Richard Harlow, 211 Main Street, representing applicant, stated that Ruby's is a family restaurant and not a bar. Mr. Harlow stated that their main objective was to serve food, and the restaurant chain has not had a violation due to alcohol. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission again discussed the ABC requirements. They requested that the percentage of , alcohol to be sold not exceed 10% and that a condition be added to state that alcohol beverages must remain inside the premises. Howard Zelefsky, Planning Director stated that ABC regulates the percentage of alcohol sales. The City can not be stricter tharr ABC regulations. Mr. Zelefsky stated`that a condition could be added restricting alcohol consumption to inside the premises. PC Minutes - 1/9/96 8 (pcm044) A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER, TO DENY THE APPEAL AND UPHOLD THE ZONING ADMINISTRATOR'S ACTION AND APPROVE USE PERMIT NO. 95-11 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Gorman, Kerins, Tillotson, Speaker NOES: Biddle ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - USE PERMIT NO. 95-11: 1. The sale of alcoholic beverages in conjunction with the restaurant use will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. Alcohol sales and consumption will occur within the.r_estaurant building which has previously been approved for the site. 2. The granting of Use Permit No. 95-11 for alcohol sales will not adversely affect the General PIan of the City of Huntington Beach. The sale and consumption of alcohol in conjunction with the restaurant use is consistent with the Visifor Serving Commercial Land Use designation of the General Plan by providing recreational and visitor serving facilities. ` CONDITIONS OF APPROVAL - USE PERMIT NO.95-11: is The site plan, floor plans, and elevations received and dated July 20, 1995 shall be the conceptually approved layout. 2 Prior to -alcohol sales, a copy of the approved Alcoholic Beverage Control (ABC) license shall be submitted to the Department of Community Development for inclusion in the_ entitlement file. 3. The use shall comply with all requirements of the ABC License. 4. Alcoholic beverages shall not be allowed outside of the establishment. PC Minutes - 1/9/96 9 (p=044) INFORMATION ON SPECIFIC CODE REOUIREMENTS 1. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 2. The Planning Commission reserves the right to revoke Use Permit No. 95-11, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 3. Use Permit No. 95-11 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 30 days prior to the expiration date. C. CONSENT CALENDAR None D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Biddle - requested the Commission to look over the current list of Planning Commission Liaison and Sub -Committee appointments in order to discuss any changes or corrections at the January 23, 1996, Planning Commission meeting. fommissioner Kerins - requested staff to submit a report to the Commission regarding what authorities the Planning Commission has when approving alcoholic beverage sales. Staff suggested that they have -representatives from the Alcoholic Beverage Board (ABC) discuss these issues with the Commission at a Study Session. The Planning Commission agreed with this suggestion. E-I PLANNING COMMISSION SUBCOMMITTEE REPORTS There were no Sub -Committee Reports PC Minutes - 1/9/96 10 (p=044) I F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director - stated that there were no Community Development Items at the City Council Meeting of January 2, 1996. He also stated that the California Coastal Commission would by holding a Public Hearing on the Bolsa Chica area on Thursday, January 11, 1996, at 9:00 AM. Mr. Zelefsky also informed the Commission that the Chevron Company was in the process of selling their portion of land in the Holly-Seacliff area. He suggested that the Planning Commission schedule a Study Session with the new owners to discuss outstanding issues and any new intentions. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner - discussed items for the January 23, 1996, Planning Commission meeting. G. ADJOURNMENT Adjourn to the January 23, 1996, Planning Commission meeting. A MOTION WAS MADE BY BIDDLE, SECOND BY SPEAKER, TO ADJOURN TO A 6:30 PM STUDY SESSION ON JANUARY 23, 1996, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl APPR D BY: and Zelefs cr ary Planning Commission Chairp&son PC Minutes - 1/9/96 11 (pcm044)