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HomeMy WebLinkAbout1996-02-27APPROVED 3f 12/96 === 4= 47 -•_- === MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, FEBRUARY 27, 1996 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 6:30 PM (Agenda Review) REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Holden, Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker AGENDA APPROVAL: Item B-1 was moved to the end of the public hearing agenda by a 6-0 vote, Tillotson Abstaining (Please note that the minutes will reflect actions taken in their originally scheduled 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. NONE B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO. 95-92/COASTAL DEVELOPMENT PERMIT NO. 95-37: APPLICANT: City of Huntington Beach, Department of Economic Development LOCATION: Main Street Right of Way between Walnut and Orange Avenues and half block segments on Walnut and Olive Avenues west of Main Street Transmitted for your consideration is a request by the City of Huntington Beach to establish and operate a weekly Street Fair every Friday between 2:00 PM and 7:00 PM within the Main Street right-of-way between Walnut and Orange Avenues, and on a short segment of Walnut Avenue and Olive Avenue. The Orange County Farmer's Market and Arts and Crafts Fair has currently been operating on the City's parking lot located at the corner of Main Street and Orange Avenue for the past two (2) years. With the proposed construction of the Third Block West project slated to begin later this year, the Economic Development Department is requesting to allow the market/fair to relocate onto Main Street. Circulation, parking and compatibility issues have been reviewed by City staff, who have recommended conditions to minimize any impact to the downtown businesses and properties. STAFF RECOMMENDATION Staff recommends the Planning Commission approve Conditional Use Permit No. 95-92 and Coastal Development Permit No. 95-37 for the operation of a Street Fair for the following reasons: The street fair will be compatible with the surrounding commercial and office uses. The use is consistent with the Downtown Specific Plan as the street fair will enhance pedestrian traffic in the downtown which compliments the visitor serving commercial uses. • The street fair will not create a negative impact to surrounding properties nor will the street closure create an adverse traffic circulation problem. • The use is consistent with the goals and policies of the General Plan by promoting visitor serving commercial activity in the downtown. Commissioner Tillotson stated that she would be abstaining from taking action on this request due to a conflict of interest with surrounding property. Ray Silver, Assistant City Administrator, gave a brief report regarding City support for this project. PC Minutes - 2/27/96 2 (p=036) The Commissioners discussed what the street fair would cost the City to operate, i.e., clean-up, security, and if there would be a booth charge. Mr. Silver stated that he did not have an exact cost figure for City expenses and there would be no booth charge at this time, but possibly in the future. Mr. Silver explained that the street fair would bring revenue to the City via restaurant and parking uses. Many of the Commissioner's felt that a minimal booth charge should be applied, otherwise the tax payers would be subsidizing a private venture. THE PUBLIC HEARING WAS OPENED. Cindy Olson, 626 Lake Street, #53, Street Fair Committee, spoke in support of the request stating the street fair would create a family atmosphere and increase the business in the downtown area. Lorretta Wolfe, 411-6th Street, Downtown Residents Association, spoke in support of the request stating the street fair would attract more families to the area. Art Hopkins, 404 Townsquare, spoke in support of the request, although he did express concern regarding trash and clean-up and felt that a booth charge or bond should be applied to the vendors. Diane Baker, 101 Main Street, Huntington Beach Conference and Visitors Bureau, spoke in support of the request stating that it would attract more people to the downtown area. Pam Fellos, 16951 Westport, Manager Arts & Craft Fair, spoke in support of the request stating that the street fair would attract more families to the downtown area. Charles Montgomery, 501 Main Street, #B, downtown merchant, spoke in support of the request stating that the existing Farmer's Market has helped his and other downtown businesses. Mr. Montgomery did express some concern that vendors conflicting with the downtown merchants businesses not be allowed to operate in the street fair. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission asked staff if there was a way to control vendors so as not to conflict with the businesses currently downtown. Staff stated that the Street Fair Committee would make sure no conflict occurs. The Commission stated that they could support the project but would request that clean- up of the event occur within 24 hours and that a one (1) year review be held by the Director of Community Development, in lieu of the recommended six (6) months, to allow a full year cycle to be reviewed with a copy of the report to be forwarded to the Planning Commission. PC Minutes - 2/27/96 3 (p=036) A MOTION WAS MADE BY SPEAKER, SECOND BY KERINS, TO APPROVE CONDITIONAL USE PERMIT NO.95-92 AND COASTAL DEVELOPMENT PERMIT NO. 95-37 WITH FINDING AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Gorman, Speaker NOES: None ABSENT: None ABSTAIN: Tillotson, MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95-92: The proposed Street Fair within the Main Street right-of-way between Walnut and Orange Avenues, and on Walnut and Olive Avenues between the Main Street intersection and the alley paralleling Main Street to the west will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of property and improvements in the area. With the conditions imposed, the operation of the weekly event will not impact the surrounding businesses and residents. 2. Conditional Use Permit No. 95-92 for the establishment and operation of Street Fair within Main Street will be compatible with surrounding commercial and office uses. The fair will occur during typical retail business hours and will be compatible with the surrounding retail and restaurant uses. 3. The proposed Street Fair will comply with the provisions set forth in the Downtown Specific Plan District No. 5 - Coastal Zone. The use will also comply with other applicable provisions of Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance to the extent feasible. 4. The granting of Conditional Use Permit No. 95-92 for the establishment and operation of Street Fair within the Main Street right-of-way will not adversely affect the General Plan. The Street Fair is consistent with the Mixed -Use Land Use designation of the General Plan, and the General Plan Advisory Committee's recommendation to retain the Mixed -Use designation on the site. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.95-37: 1. The proposed establishment and operation of a Street Fair conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. PC Minutes - 2/27196 4 (p=036) 2. Coastal Development Permit No. 95-37 is consistent with the CZ (Coastal Zone) suffix, the zoning of Downtown Specific Plan District No. 5, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. All infrastructure exists for the proposed street fair that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. 4. The proposed Street Fair conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. All public access will remain to beach and pier area. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95-92/ COASTAL DEVELOPMENT PERMIT NO. 95-37: The site plan received and dated January 2, 1996 shall be the conceptually approved layout. The booth and vendor locations on each block may be interchangeable provided emergency access is maintained. 2. Prior to operation of the Street Fair, the following shall be completed: a. If lighting is proposed, an electrical lighting plan shall be submitted and approved by the Fire Department, and Building Division. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. b. An encroachment permit shall be issued to the Economic Development Department by the Public Works Department at no fee for the duration of its operation. (PW) Provide Emergency Exit Plan for review and approval by Building Division, Fire Department and Police Department. Such plan shall be fully dimensioned, identify all street furniture, tables and chairs, etc.. The plan shall include all areas of the proposed Street Fair along Main Street, Walnut Avenue and Olive Avenue and shall comply with the following: 1) Provide 20 feet minimum clear exit width (10 feet minimum each side of the street) for each store front. Clear exit width must not be blocked in any manner or objects placed in the required clear path. Provide an exit and emergency plan to verify clear width is provided. (BD) 2) Main Street between Orange and Olive must be provided with minimum 48 inches clear walks in front of the stores, and shall show no obstructions of any kind. (BD) 3) The alley behind the stores between Olive and Walnut Avenue shall be barricaded and accessible for emergencies and business owners. (BD) PC Minutes - 2/27/96 5 (pcm036) 4) Compliance with Condition Nos. 3.b. and 3.c., herein. 3. During the event, the following shall be complied with: a. Hours of street closure shall be limited to Fridays between 7:00 AM to 10:00 PM. b. Maintain 24 foot wide fire apparatus access either by providing one (1) 24 foot wide lane down the center of Main Street or two (2) 12 foot wide lanes around the trucks/booths. (FD) If the layout involves trucks/booths along the street curb, the vendors shall maintain a minimum six (6) foot wide aisle every third truck/booth for access between the center aisle and public sidewalk area. A 24 foot wide fire apparatus access lane down the center of Main street shall be maintained. (FD) d. The intersections of Walnut/Main, Orange/Main, and Olive/Orange may be barricaded, however, they are to remain passable during an emergency. (FD) e. The following alleys shall be barricaded to allow for emergency vehicle access. Business owners shall have access for the purpose of parking in approved spaces only: between Walnut/Olive, Main/5th, and between Olive/Orange, Main/3rd. (FD) f. Barricades shall be installed per City direction. (PW) g. Provide police or parking enforcement patrols to eliminate parking violations in alleys. (FD) h. All stands/booths shall be self-supporting units; no nail, stakes, holes in public street or sidewalk are permitted. (PW) i. The height of temporary structures must not exceed ten (10) feet. (BD) j. Tables and chairs shall not be allowed in any required exit width by the building store owners or Street Fair vendor space. (BD) k. Applicant must make appropriate arrangements for collection of refuse within 24 hours after completion of event. (PW) 1. All store owners, tenant owners, property managers, market vendors must be given a copy of the approved Emergency Exit Plan showing all required areas to be maintained clear of obstructions, or a similar method that will achieve the same results. (BD) PC Minutes - 2/27/96 6 (pcm036) 1 4. After each Street Fair, the following shall be complied with: a. Street sweeping after closing shall be provided within 24 hours after completion of event. (PW) b. Public Works Inspection/Survey will be conducted to ensure integrity and identify damage in writing to the applicant. (PW) 5. A review of the use shall be conducted by the Community Development Director within one (1) year of the operation of the Street Faire on Main Street. The review shall verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. A report of said review shall be forwarded to the Planning Commission. 6. The Community Development Director shall be notified in writing if any changes to the Street Fair are proposed. No changes shall be made until the Community Development Department has reviewed and approved the changes. The Community Development Department reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. INFORMATION ON SPECIFIC CODE REQUIREMENTS 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. Conditional Use Permit No. 95-92 and Coastal Development Permit No. 95-37 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 Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95- 92 and Coastal Development Permit No. 95-37 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. B-2 VARIANCE NO. 95-36 (APPEAL): APPLICANT/ APPELLANT: Martin Jaconi LOCATION: PC Minutes - 2/27/96 4051 Humboldt Drive (northwest corner Humboldt Drive and Wayfarer Lane). 7 (p=036) Transmitted for Planning Commission consideration is an appeal by Martin Jaconi, applicant, of the Zoning Administrator's denial of Variance No. 95-36. The project consists of replacing an existing uncovered storage area with a garage of comparable size. The garage would have a second story deck. The proposed structure would be built within one foot of the side property line and therefore encroaches into the side yard setback. The applicant has indicated that the request is necessary in order to improve owner security and safety of stored items. The project is supported by the adjacent property owner. On January 24, 1996, the Zoning Administrator denied the variance request finding that the project was not necessary to preserve property rights and would constitute a grant of special privilege. The appeal letter states the proposed project is consistent with other projects in the area and would not constitute a grant of special privilege. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the variance request with a zero (0) side yard setback and a maintenance easement based on the following: • The subject property is an odd shaped lot and a corner lot. Thus, the property owner is constrained in the accommodation of an additional enclosed parking space elsewhere on the property. ♦ The proposed garage and deck are compatible with the neighborhood and adjacent property. The second story deck will not directly impact the adjacent residence's privacy or habitable rooms. ♦ The existing storage area that will be converted to a garage is consistent with other units on Humboldt Drive whose storage areas have less than a one foot side yard setback. • The one foot setback requested by the applicant may prove difficult to maintain. A zero side yard setback with a maintenance easement will ensure that the garage wall could be properly maintained. THE PUBLIC HEARING WAS OPENED. W. Henry Walker, 4051 Humboldt Drive, applicant, stated that the request would provide covered parking and storage for his home. He stated that he was available to answer any questions the Commission may have. Gerald Urner, 3692 Humboldt Drive, Huntington Harbour Property Owners Association, spoke in opposition to the request stating that no findings of hardship or special circumstance could be found for this property. W. Urner was concerned with using variances to set precedents when in fact each case should rest on its own merits and prove itself to be of hardship. Mr. Urner feels that allowing zero (0) foot setbacks will endanger the maintenance of an open environment in the Harbour area. He also pointed out that of the eight (8) conversions of this type in the Harbour area, only two (2) have obtained City approval and building permits. PC Minutes - 2/27/96 8 (pcm036) 1 Martin Jaconi, 16421 Martin Lane, architect, spoke in support of the project. He stated that the adjacent neighbors were not opposed to the request, and it would not infringe on any property's privacy rights. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commission's concerns included the second story deck on the covered garage, causing privacy impacts. They were also concerned with Fire Department accessibility with a zero (0) foot side yard setback and fire spreading to the adjacent home. A MOTION WAS MADE BY GORMAN, SECOND BY KERINS, TO DENY THE APPEAL OF ZONING ADMINISTRATOR'S DENIAL OF VARIANCE NO. 95-36, WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Kerins, Biddle, Gorman, Speaker NOES: Holden, Livengood, Tillotson ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - VARIANCE NO. 95-36: The granting of a variance is not necessary to preserve the enjoyment of one or more substantial property rights. The existing home has a two (2) car enclosed garage and meets the parking requirements of the City of Huntington Beach. 2. The granting of a variance for a reduced side yard setback for a garage with a second story deck will constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The required side yard setback for the zone is five (5) feet with which the existing garage on the property is in compliance and all other RL (Low Density Residential) properties must comply with. B-3 CONDITIONAL USE PERMIT NO.95-91: APPLICANT: Richard Brumfield LOCATION: PC Minutes - 2/27/96 16351 Springdale Street (west side of Springdale Street, north of Heil Avenue). N (p=036) Conditional Use Permit No. 95-91 represents a request to permit installation of a 1,600 square foot modular classroom building and to increase enrollment from 62 preschool children to 84 preschool/kindergarten children. The private preschool is currently operating at an existing church facility and the modular building will be located at the rear. Operation of the preschool/kindergarten facility occurs between the hours of 6:30 AM and 6:00 PM Monday through Friday. STAFF RECOMMENDATION: Planning Staff recommends approval of the modular classroom building and to increase the preschool/kindergarten enrollment to 84 children for the following reasons: ♦ Noise associated with children's play activity will be focused toward the existing church buildings. ♦ Landscaping as recommended by staff will be provided around the modular building to improve the aesthetics of the structure. ♦ The proposed building does not impact any required parking spaces for the entire church facility. ♦ The additional classrooms will continue to provide an educational opportunity for children who may reside in the immediate neighborhood. ♦ The proposed use is compatible with surrounding land uses. ♦ The proposed project is consistent with the Land Use Element's Residential Low Density land use designation of the General Plan. THE PUBLIC HEARING WAS OPENED. Staurt Bauers, 16362 Fairway Lane, spoke in opposition to the request as the modular classroom obstructs views from his backyard. Mr. Bauers also stated concern regarding the negative impacts from noise created by the industrial air conditioner and the devaluation of his property value. Mr. Bauers submitted photographs to the Commission. George Force, 6531 Rennrick Circle, representing the applicant, stated that the church has been serving the community for over 30 years, and since opening the kindergarten eight (8) years ago they have continued to grow and are trying to meet their demand by expanding the facility. Theresa Avera Schreiber, 16400 Springdale, stated that her children currently attend the school and she supports the school and the high quality of education they offer. Lalece A. Rooker, 16351 Springdale, School Director, stated she was available to answer any questions. PC Minutes - 2/27/96 10 (p=036) Richard Brumfield, 374 N. Shattuck, Orange, architect, addressed the issue of the buildings location. Mr. Brumfield stated that they felt this was the best position for the modular building as any other position would have negative impacts to the children and surrounding property owners. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission stated that they were not agreeable to the location of the modular classroom. They requested that the applicant re-evaluate the location and bring back in two (2) weeks alternative locations for the classroom. A MOTION WAS MADE BY LIVENGOOD, SECOND BY TILLOTSON, TO CONTINUE CONDITIONAL USE PERMIT NO. 95-91 TO THE MARCH 12, 1996, PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-4 CONDITIONAL USE PERMIT NO. 95-103NARIANCE NO. 95-37: APPLICANT: Hochiki America Corporation LOCATION: 5415 Industrial Drive Conditional Use Permit No. 95-103 and Variance No. 95-37 is a request to permit a 4200 square foot office addition to an existing 10,185 square foot industrial building. The request includes approval for a joint use parking agreement with the Huntington Beach Swap Meet site (5555 McFadden Avenue) for 20 spaces and a variance to the maximum distance allowed between the use and parking area (1800 feet in lieu of maximum 250 feet). The parking agreement will consist of a shuttle service between the parking area and business site which will reduce parking impacts to surrounding industrial streets. PC Minutes - 2/27/96 11 (p=036) STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Conditional Use Permit No. 95-103 and Variance No. 95-37 for the following reasons: The additional office area will not result in the hiring of new employees. • With the conditions imposed, the office expansion will not impact surrounding industrial streets or businesses. The joint use parking agreement and shuttle service will reduce any potential parking impacts to the adjacent industrial streets and properties. The manufacturing use will remain compatible with the surrounding industrial properties. The manufacturing use is consistent with the General Industrial Land Use designation of the General Plan. THE PUBLIC HEARING WAS OPENED. Richard Harlow, representing applicant, stated that he agreed with staffs report. He also stated that the applicant's intent is to consolidate the three (3) buildings in the future but not at this time because of a change in technology. Mr. Harlow distributed to the Commission an alternative to suggested Condition No. 3 that would grant a variance to allow expansion of the office space for a five (5) year period, whereas, the applicant could institute a car pool program that provides economic incentives to employees who participate in the car pool program and enter into an agreement with other owners/businesses in the area to utilize available parking on lots either vacant or under utilized buildings. Staff would review the business annually to determine compliance with this conditions. Bill McKinney, Hochiki America, stated he was available to answer any questions the Commission may have. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission asked Legal Counsel if the use could be conditioned for a specific amount of time, or if sold to a new owner, could the permit be nullified. Paul D'Alessandro, Deputy City Attorney, stated that a conditional use permit could be approved for a specified period of time but would run with the land regardless of change of ownership. He stated that the variance could not be time conditioned, that it would run with the land. Planning staff further explained that the five (5) year period applies only to the conditional use permit which is a request for additional office space, and the variance is a request to increase the maximum distance between the use and the parking area. PC Minutes - 2/27/96 12 (pcm036) The Commission asked staff is they could agree to the modification of conditions pursuant to the handout from Mr. Richard Harlow. Staff stated that off -site parking segment did not satisfy code, however, car pooling is an acceptable alternative. The Commission requested that a vote be taken to trail this item, in order to allow staff and the applicant time to develop acceptable language for Condition No. 3 which would allow off -site parking and car pooling. A MOTION WAS MADE BY TILLOTSON, SECOND BY SPEAKER, TO TRAIL THIS ITEM TO THE END OF THE PUBLIC HEARINGS, TO ALLOW STAFF AND THE APPLICANT TO DISCUSS ALTERNATIVES TO THE CONDITIONS, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (Please note the minutes will reflect actions in there originally scheduled order.) After staff discussion with the applicant, the following condition was suggested: "3. Prior to issuance of building permits, the following items shall be completed.• a. Submit to the Director of Community Development for review and approval a car pool program that demonstrates the reduction of 20 vehicles to the subject site. As an alternative, the applicant may enter into a Joint Use Parking Agreement in accordance with Section 231.06 as modified by Variance No. 95-37. The applicant may reduce the required parking by a combination of the aforementioned alternatives or modifying the square footage of the building. " The Commission concurred with the condition and also requested that Condition 3.b.1. be modified from 90 days to 120 days to allow for a new agreement to be reached if a Joint Use Parking Agreement is terminated. PC Minutes - 2/27/96 13 (p=036) A MOTION WAS MADE BY LIVENGOOD, SECOND BY GORMAN TO APPROVE CONDITIONAL USE PERMIT NO.95-103 AND VARIANCE NO. 95- 37 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95-103: The additional 4200 square feet of office area within an existing 10,380 square foot industrial building will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of property and improvements in the area. With the conditions imposed, the maintenance and operation of the manufacturing business will not impact the surrounding properties or property values. 2. With the exception of the variances granted under Variance No. 95-37, the proposed office expansion will comply with the provisions set forth in Chapter 212 of the Huntington Beach Zoning and Subdivision Ordinance. The use will also comply with other applicable provisions of Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance to the extent feasible. 3. The granting of Conditional Use Permit No. 95-92 for the will not adversely affect the General Plan. The additional industrial office space is consistent with the Land Use Element designation of General Industrial on the subject property. FINDINGS FOR APPROVAL - VARIANCE NO. 95-37: The granting of a Variance No. 95-37 for exceeding the maximum distance allowed between a use and a parking area operating under a joint use parking agreement (1800 feet in lieu of max. 250 feet) will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The employer will provide a shuttle service to and from the parking location for employees of the company. 2. Because of special circumstances applicable to the subject property, including size and 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 the identical zone classification. The site is the minimum required by code and located within a development industrial area. PC Minutes - 2/27/96 14 (pcm036) 3. The granting of Variance No. 95-37 is necessary in order to preserve the enjoyment of one or more substantial property rights. The granting of the variance will allow for additional office area needed for the reorganization of the company's floor space. 4. The granting of Variance No. 95-37 for exceeding the maximum distance allowed between a use and a parking area operating under a joint use parking agreement 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 of the City of Huntington Beach. With the conditions imposed, including the minimum five (5) year commitment for the joint use parking area, the business will not impact workers or businesses in the surrounding vicinity, nor will the increased distance be detrimental to property or improvements in the area. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 95-103/ VARIANCE NO. 95-37: 1. The site plan and floor plans, received and dated February 8, 1996 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers, 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. 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. c. 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. d. One parking stall shall meet disabled access for a van and an eight foot wide unloading zone per Title 24, Part 2, Section 3107A of the State Building Code. (BD) e. The conditions of approval imposed on the project shall be printed verbatim on all cover sheets submitted for plan check. PC Minutes - 2/27/96 15 (pcm036) 3. Prior to issuance of building permits, the following items shall be completed: a. Submit to the Director of Community Development for review and approval a car pool program that demonstrates the reduction of 20 vehicles to the subject site. As an alternative, the applicant may enter into a Joint Use Parking Agreement in accordance with Section 231.06 as modified by Variance No. 95-37. The applicant may reduce the required parking by a combination of the aforementioned alternatives or modifying the square footage of the building. b. A covenant recorded on the property referencing the following: (1) Allowing the office area to remain provided Condition No. 3. a. is complied with. (2) Should the program or agreement of Condition No. 3.a. dissolve or terminate, the applicant shall enter into a new agreement within 120 days with a site within a comparable distance subject to Community Development approval, or remove the 4,200 square foot office area. (3) Prior to the sale of the property, the second level, 4,200 square foot office area tenant improvement will be removed with an appropriate demolition permit. Copies of the legal instruments shall be approved by the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. Copies of the recorded agreement and covenant shall be filed with the Department of Community Development for inclusion in the entitlement file. c. Submittal of a carpool incentive plan demonstrating the various options offered to the Hochiki America, Inc. employees. d. Details of the shuttle service which will be provided for employees parking at off - site parking locations. 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. There shall be no outside storage of parts or materials. 6. The Director of Community Development shall be notified in writing if any changes occur as a result of the plan check process. Building permits shall not be issued until the Director has reviewed and approved the proposed changes. The Director reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. PC Minutes - 2/27/96 16 (p=036) INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 3. All applicable Public Works fees shall be paid. 4. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final inspection. 5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. construction shall be prohibited Sundays and Federal holidays. 6. Exiting shall comply with Chapter 33 of the UBC. 7. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95- 103 and Variance No. 95-37 if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance occurs. 8. Conditional Use Permit No. 95-103 and Variance No. 95-37 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 Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. C. CONSENT CALENDAR C-1 BEACH BOULEVARD UNDERGROUND UTILITY DISTRICT NO. 96-1: APPLICANT: City of Huntington Beach LOCATION: Beach Boulevard between Garfield and Yorktown Avenues. The City of Huntington Beach Underground Utility District Committee is recommending an Underground Utility District for Beach Boulevard from Garfield Avenue to Yorktown Avenue to remove 16 utility poles and overhead wires along the subject segment of Beach Boulevard. Prior to City Council action on the district, the Planning Commission must review the proposal for consistency the City's General Plan. PC N inutcs - 2/27/96 17 (pcm036) 1 STAFF RECOMMENDATION: Staff believes that the proposed Underground Utility District is consistent with goals and policies of the City of Huntington Beach General Plan. Establishment of the Underground Utility District will facilitate removal of utility poles and overhead wires and will improve the appearance and safety of Beach Boulevard. Staff recommends that the Planning Commission find the proposed Underground Utility District in conformance with the General Plan. A MOTION WAS MADE BY GORMAN, SECOND BY SPEAKER, TO FIND BEACH BOULEVARD UNDERGROUND UTILITY DISTRICT NO.96-1 IN CONFORMANCE WITH THE GOALS AND POLICIES OF THE GENERAL PLAN WITH FINDINGS OF CONSISTENCY AND FORWARD TO THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS OF CONSISTENCY - BEACH BOULEVARD UNDERGROUND UTILITY DISTRICT NO. 96-1: 1. The proposed Beach Boulevard Underground Utility District is consistent with the goals and objectives of the Huntington Beach General Plan because it will enhance the aesthetics of the highways and public rights -of -way in the City. 2. The proposed Beach Boulevard Underground Utility District furthers the goals and objectives of the Huntington Beach General Plan because it promotes the coordination of efforts between the City and utility companies to underground overhead utilities where possible. PC Minutes - 2/27/96 18 (p=036) C-2 PLANNING COMMISSION MINUTES DATED NOVEMBER 28 1995 A MOTION WAS MADE BY GORMAN, SECOND BY KERINS, TO APPROVE PLANNING COMMISSION MINUTES DATED NOVEMBER 28, 1995, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Gorman, Speaker NOES: None ABSENT: None ABSTAIN: Biddle, Tillotson MOTION PASSED C-3 PLANNING COMMISSION MINUTES DATED DECEMBER 12, 1995 A MOTION WAS MADE BY GORMAN, SECOND BY KERINS TO APPROVE PLANNING COMMISSION MINUTES DATED DECEMBER 12, 1995, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C-4 PLANNING COMMISSION MINUTES DATED JANUARY 9, 1996 A MOTION WAS MADE BY GORMAN, SECOND BY KERINS TO APPROVE PLANNING COMMISSION MINUTES DATED JANUARY 9,,1996, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/27/96 19 (pcm036) C-5 PLANNING COMMISSION MINUTES DATED JANUARY 23 1996 A MOTION WAS MADE BY GORMAN, SECOND BY KERINS, TO APPROVE PLANNING COMMISSION MINUTES DATED JANUARY 23, 1996, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Gorman, Speaker NOES: None ABSENT: None ABSTAIN: Tillotson MOTION PASSED D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS/INOUIRIES/SUBCOMMITTEE REPORTS The Commission discussed with staff their field trip to view the different mixed use projects in various Southern California communities. They expressed their appreciation for a very informative trip. They stated that they had had some initial resistance to mixed use projects, but now felt they may be feasible if diligence was used to avoid potential problems. Chairperson Biddle - stated that he had discussed with Vice -Chairperson Kerins topics the Commission would like to discuss at a future Planning Commission retreat. Those topics included: Sign Code (billboards); bluff top access and setback; Whitehole Area (alternatives); Pacific Coast Highway Landscaping (entry nodes); closure of Main Street; expiration dates of Conditional Use Permits; a Study Session on alcohol uses (invite Alcohol Beverage Board); Code Enforcement of the Huntington Harbour area; and Parking/Parking Structure signage downtown. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director - restated actions taken at the February 26, 1996 City Council meeting. PC Minutes - 2/27/96 20 (p=036) 1 F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner - discussed items for the March 12, 1996, Planning Commission meeting. G. ADJOURNMENT Adjourn to the March 12, 1996 5:30 PM study session and regular meeting at 7:00 PM. A MOTION WAS MADE BY GORMAN, SECOND BY TILLOTSON, TO ADJOURN TO A 5:30 PM STUDY SESSION ON MARCH 12, 1996, AND THEN TO THE REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl APP OVED BY: d Zelefs , ecretaYy PC Minutes - 2/27/96 Ile Planning Commission Chairf6rson 21 (p=036)