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HomeMy WebLinkAbout1996-05-28APPROVED 7/9/96 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MAY 28, 1996 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM (Agenda Review) UPDATE OF HOUSING ELEMENT - Linda Niles, Julie Osugi REGULAR MEETING - 7:00 PM Council Chambers - Civic Center Huntington Beach, California PLEDGE OF ALLEGIANCE A P P P P P P ROLL CALL Holden, Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker 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 L� B. PUBLIC HEARING ITEMS B-1 SPECIAL SIGN PERMIT NO. 96-5 - APPEAL (LIBERTY NATIONAL BANK SIGN): Applicant: Swain Sign Appellant: Planning Commissioner Edward Location: 17011 Beach Boulevard (Guardian Center). Project Planner: Wayne Carvalho Transmitted for Planning Commission review is an appeal filed by Planning Commissioner Edward Kerins, of the Zoning Administrator's conditional approval of Special Sign Permit No. 96-5, a request to install a 90 square foot wall sign identifying Liberty National Bank on the fourth floor fascia band of the Guardian Center office tower. The appellant indicates that there are no special circumstances to warrant the granting of a special sign permit, and that the approval would grant a special privilege that would not be granted to other first floor tenants in the office tower building. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Special Sign Permit No. 96-5 as requested by the applicant for the following reasons. • The unique height of the building and physical constraints on the property; including the building setback, building entry design and the location and height of the palm trees, are necessary factors for the proper placement of the sign for adequate business visibility. The channel letter type sign is compatible with the sign program for the center, compatible with signs in the area along Beach and Warner and will provide proper business exposure for Liberty National Bank. • The sign will not be detrimental to other properties located in the vicinity and will not obstruct the visibility of other signs in the area. • The new wall sign will not obstruct pedestrian or traffic vision and will not be a hazardous distraction to motorists on Beach Boulevard or Warner Avenue. THE PUBLIC HEARING WAS OPENED. PC Minutes - 5/28/96 2 (p=051) Dick Harlow, 211 Main Street, representing applicant, submitted photos of the site to the Planning Commission. Mr. Harlow stated that the proposed sign was needed to identify the location of the bank to passerby traffic on Beach Boulevard. He stated that the property managers for the building had submitted letters of support. Mr. Harlow stated that the ground floor tenant should have proper identification, and the proposed professional sign would add integrity to the center. He stated that the original request was for the fifth floor level and the fourth floor level request was a compromise with staff. The fourth floor level is requested to keep the proposed sign above the future growth level of the existing landscaping. Tanya Jarosch, 17011 Beach Boulevard, stated that she currently rents office space in the building and is opposed to the proposed sign. She stated that it would cheapen the look of the building. Pat Davis, 17591 Collins, spoke in support of the proposed sign. Ms. Davis stated that the building qualifies for a special permit as it is a unique building and it encourages the expansion of Huntington Beach businesses. Philip S. Inglee, representing Liberty National Bank, spoke in support of the request stating that the proposed sign is professional and will draw people to the center. Mr. Inglee stated that potential customers look for viable businesses through their signage. He stated that the bank would occupy approximately two-thirds of the first floor. Kathy Van Derpol, 9441 Nantucket, representing the property management company, spoke in support of the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Kerins stated that he was appealing the Zoning Administrator's approval for the following reasons: 1) The Huntington Beach Zoning and Subdivision Ordinance allows only one (1) sign per street frontage placed within the top 25 feet of the building for buildings over 100 feet tall; 2) The applicant does not meet the findings of special circumstances; 3) The business is to be located on the building's first floor and should receive the same treatment as the other first floor tenants; and 4) Approval of the sign would constitute a grant of special privilege that would not be granted to other tenants of the building. Commissioner Kerins stated that he would support approval of the sign as approved by the Design Review Board, in which the sign would be located on the north eastern side of the building above the second floor band of the structure. Commissioner Tillotson, stated that she felt the sign, as submitted, was in good taste and proportionately in the right place for the size of the building. She also stated that the institution was a very good corporate citizen to the community and we should support their efforts to expand in this Redevelopment area. PC Minutes - 5/28/96 3 (p=051) 1 Commissioner Livengood, asked staff if there was currently a planned sign program for the building. Staff stated there is currently a planned sign program in place. He also asked what safeguards could be conditioned into the request to avoid future tenants from expanding the sign area, if the request was approved as submitted. Staff stated that the Commission could condition the project to not allow any more signage on the northeastern portion of the building. Staff also suggested that they request a letter from the property management company that states they will not seek any additional signage in the future for that area. Commissioner Speaker stated that this financial institution was one of the last independent banks and granting a special sign permit would meet the finding of special circumstances as it was a one of a kind business. He stated he would support the request as submitted with the added condition of no additional signage in the future and a letter from the property management company stating they would not seek any additional signage in the future. Commissioner Gorman asked legal counsel what security there would be that no additional signage would be sought in the future if the property owners were to sell. Counsel stated that a special sign permit allows special relief for that sign, and that sign only. No additional signage is allowed unless it is applied for and approved. Commissioner Biddle stated that he supports the recommendation of the Design Review Board of placing the sign on the second floor band of the northeastern portion of the building. He stated his concern that if approved as submitted, it may set a precedent for the area. A MOTION WAS MADE BY KERINS, SECOND BY BIDDLE, TO UPHOLD THE ZONING ADMINISTRATOR'S ACTION AND APPROVE SPECIAL SIGN PERMIT NO. 96-5 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL TO RELOCATE THE SIGN ON THE SECOND FLOOR FASCIA BAND, BY THE FOLLOWING VOTE: AYES: Kerins, Biddle, Gorman, Tillotson NOES: Livengood, Speaker ABSENT: Holden ABSTAIN: None MOTION PASSED AFTER ITEM B-2 WAS HEARD AND ACTED UPON THE FOLLOWING MOTIONS WERE MADE AND ACTED UPON BY THE PLANNING COMMISSION FOR ITEM B-1. PLEASE NOTE THAT THESE ACTIONS WILL BE SHOWN OUT OF ORDER. PC Minutes - 5/28/96 4 (p=051) A MOTION WAS MADE BY TILLOTSON, SECOND BY LIVENGOOD, TO RECONSIDER ACTION TAKEN BY THE PLANNING COMMISSION ON ITEM B-1, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Biddle, Tillotson, Speaker NOES: Gorman ABSENT: Holden ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY KERINS, SECOND BY BIDDLE, TO REMOVE THE ORIGINAL MOTION, BY THE FOLLOWING VOTE: AYES: Kerins, Biddle, Gorman NOES: Livengood, Tillotson, Speaker ABSENT: Holden ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY LIVENGOOD, SECOND BY SPEAKER, TO UPHOLD THE ZONING ADMINISTRATOR'S APPROVAL OF SPECIAL SIGN PERMIT NO. 96-5 AS SUBMITTED BY THE APPLICANT (SIGN ON FOURTH FLOOR FASCIA BAND) WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Livengood, Gorman, Tillotson, Speaker NOES: Kerins, Biddle ABSENT: Holden ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 96-5: 1. The 90 square foot wall sign on the fourth floor fascia band facing the intersection of Beach Boulevard and Warner Avenue, which exceeds the maximum number of signs permitted (2 in lieu of 1) on one building face, and is located approximately 100 feet from top of the building, (in lieu of within the top 25 feet of the building), is compatible with the character of the area and is needed for proper business visibility. The special circumstances of the building height, building setback, architectural design of the building, and landscaping are necessary factors for the proper placement of the sign for adequate business visibility. The channel letter type sign is compatible with the sign program for the center, compatible with signs in the area along Beach and Warner and will provide proper business exposure for Liberty National Bank. PC Minutes - 5/28/96 5 (p=051) 2. The 90 square foot wall sign will not adversely affect other signs in the area. The proposed sign is compatible in design and size with other signs in the center and with signs in the immediate area. The placement of the sign on the fourth floor fascia, will not obstruct the view of any other sign in the area. The 90 square foot wall sign will not be detrimental to properties located in the vicinity. With the unique height of the building and physical constraints on the property; including the building setback, building entry design and the location and height of the palm trees, the sign on the fourth floor fascia band will not be obstructed or impact other properties in the area. 4. The 90 square foot wall sign on the office tower at 17011 Beach Boulevard will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. The sign at the approved location provides vehicular and pedestrian traffic with a visible sign that is placed at the proper level and will not be obstructed by other buildings or trees. 5. Strict compliance with Chapter 233 (Signs) will result in a substantial economic hardship to the applicant/Liberty National Bank. The approved location of the sign on the fourth floor fascia provides the Bank with the proper visibility and exposure to maintain a viable business. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 96-5: 1. The site plan and sign elevations received and dated April 2, 1996 shall be the approved layout with the modification that the sign be located on the fourth floor fascia band. 2. The property owner shall record a covenant agreeing to restrict any additional signage above the first floor fascia board on the east and north side of the office tower. A copy of the legal instrument 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. A copy -of the recorded covenant shall be filed with the Department of Community Development. 3. The conditions of approval shall be printed verbatim on all working drawings submitted for plan check. In addition, property owners authorization shall be presented upon submittal for plan check. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Zoning and Subdivision Ordinance, Building Division, and Fire Department. PC Minutes - 5/28/96 6 (pcm051) 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The Planning Commission reserves the right to rescind this special sign permit approval in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. B-2 SPECIAL SIGN PERMIT NO. 95-13 - APPEAL (MOBIL MONUMENT SIGN)• Applicant/ Appellant: Robert H. Lee & Associates Location: 9001 Adams (northeast corner at Magnolia Street) Project Planner: Wayne Carvalho Transmitted for Planning Commission review is an appeal filed by Robert H. Lee & Associates, applicant, of the Zoning Administrator's conditional approval of Special Sign Permit No. 95-13, a request to install a second five (5) foot, seven (7) inch high, 42 square foot freestanding monument sign identifying Mobil. The approved sign was conditioned to be consolidated with the existing monument sign located within the corner landscape planter. The applicant/appellant requests to install the new sign within the landscape planter along Adams Avenue which will be oriented toward traffic traveling on Adams Avenue. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Special Sign Permit No. 95-13 as requested by the applicant for the following reasons: ♦ The new sign is compatible with the other on -site signs, and signs in the surrounding area, including the service station signage on the other corners of the intersection. ♦ The sign will provide business exposure to motorists traveling on Adams Avenue. ♦ The new sign will not adversely affect other signs in the area, nor be detrimental to other properties located in the vicinity. ♦ The new monument sign will not obstruct traffic vision and will not be a hazardous distraction as the sign will meet the minimum site angle requirement. Commissioner Kerins stated that he felt by overturning the Zoning Administrator's action and granting one (1) additional sign, it increases the applicant's signage by 60 percent more than any other gas station in Huntington Beach. Staff stated that the applicant's request would be equal to the signage of the gas station across the street. PC Minutes - 5/28/96 7 (pcm051) Commissioner Tillotson, asked staff if the surrounding gas stations' signage currently meet code. Staff stated that two (2) of the three (3) stations had obtain permits or meet current code. THE PUBLIC HEARING WAS OPENED. Craig Smith, 1201 S. Beach, La Habra, architect representing applicant, presented photographs of the subject site to the Commission. He stated that the business currently has no signage along Adams Avenue, and it is extremely important to their business to have signage along that street. He stated that since there is not currently signage along Adams Avenue, customers have trouble finding their business. Commissioner Biddle asked Mr. Smith if they had considered relocating the existing sign to a diagonal position on the corner. Mr. Smith stated that they were trying to avoid the expense of relocating existing signage, and their major concern was to have signage along Adams Avenue. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Kerins stated that he had surveyed the City and every major intersection gas station signage is on a diagonal. He feels that the applicant should also conform to this provision. Commissioner Tillotson asked staff which gas stations on the immediate surrounding corners were in conformance with code. Staff stated that the Unical and Chevron stations were not in compliance and the World station was in compliance. Commissioner Livengood asked staff what the code does allow in this situation. Staff stated that code would allow one (1) corner (50 square foot) sign with logo and pricing on it and no other pricing signs, or one (1) small (20 square foot) logo sign and two (2) monument pricing signs. Scott Hess, Senior Planner, explained to the Commission that the applicant, under code, is allowed to have a wall sign but, since the building is set back so far it would not be easily visible, so they are requesting the freestanding sign. A MOTION WAS MADE BY KERINS, SECOND BY BIDDLE, TO OVERTURN THE ZONING ADMINISTRATOR'S CONDITIONAL APPROVAL AND DENY SPECIAL SIGN PERMIT NO. 95-13 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Kerins, Biddle NOES: Livengood, Gorman, Tillotson, Speaker ABSENT: Holden ABSTAIN: None MOTION FAILED PC Minutes - 5/28/96 8 (pcm051) A MOTION WAS MADE BY LIVENGOOD, TO OVERTURN THE ZONING ADMINISTRATOR'S ACTION AND APPROVE SPECIAL SIGN PERMIT NO. 95-13 WITH REVISED FINDINGS AND CONDITIONS OF APPROVAL TO INCLUDE NO ADDITIONAL SIGNAGE ON SIDE OF BUILDING, A NOTATION IN THE CONDITIONS STATING MONUMENT SIGN DOES NOT INCREASE ALLOWABLE SIGNAGE AREA FOR BUSINESS, PRICE PANELING REMOVED AND A FINDINGS THAT THE SETBACK OF THE BUILDING IS JUSTIFICATION FOR A SPECIAL SIGN PERMIT. MOTION DIES FOR A LACK OF A SECOND. A MOTION WAS MADE BY SPEAKER, SECOND BY TILLOTSON, TO UPHOLD THE ZONING ADMINISTRATOR'S APPROVAL OF SPECIAL SIGN PERMIT NO.95-13 WITH MODIFIED FINDINGS AND CONDITIONS OF APPROVAL, TO INCLUDE NO ADDITIONAL SIGNAGE ON THE BUILDING AND THE REMOVAL OF THE EXISTING PRICING SIGN ON ADAMS AVENUE, BY THE FOLLOWING VOTE: AYES: Livengood, Gorman, Tillotson, Gorman NOES: Kerins, Biddle ABSENT: Holden ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 95-13: The additional five (5) foot, seven (7) inch high, 42 square foot monument sign to an existing five (5)foot, seven (7) inch high, 42 square foot monument sign creates a V-shaped sign at the corner of Magnolia Street and Adams Avenue that is compatible with the character of the area and is needed for special circumstances defined by the applicant and approved by the Planning Commission. The modified monument sign allowing sign copy perpendicular to Adams Avenue will provide business exposure to motorists traveling on both streets, similar to service stations located directly across the street. In addition, the building is setback approximately 50 feet from Adams Avenue and has no signs facing east. 2. The proposed V-shaped monument sign will not adversely affect other signs in the area. The sign meets the maximum height limit and will not block the vision to other signs in the area. 3. The proposed V-shaped monument sign will not be detrimental to properties located in the vicinity. The location and design of the sign is similar to other business identification/pricing signs in the immediate vicinity, and will not adversely effect adjacent properties. PC Minutes - 5/28/96 9 (p=051) 4. The proposed V-shaped monument sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. The sign will not be located within the site angle visibility area of the corner landscape planter. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 95-13• 1. The site plan and sign elevations received and dated March 18, 1996 shall be the approved layout with the following modifications: a. The proposed monument sign shall be consolidated with the existing monument sign into one (1) sign structure in a V-shape. b. The monument sign shall be located within the corner landscape planter outside of the 25 foot site angle visibility area. c. No signs (including pricing signs) shall be permitted within the 10 foot wide planters located along Magnolia Street and Adams Avenue. d. The sign shall include the business address with minimum six (6) inch high numerals. e. No additional signs shall be permitted on the building. f. The gas pricing sign on Adams Avenue shall be removed prior to issuance of building permits for the monument sign. 2. A revised site plan depicting the modifications above shall be submitted to the Community Development Department for inclusion in the entitlement file prior to issuance of permits. 3. All conditions of approval shall be printed verbatim on the cover sheet of all plans submitted for plan check. INFORMATION ON SPECIFIC CODE REOUIREMENTS• 1. The development shall comply with all applicable provisions of the Zoning and Subdivision Ordinance, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The Planning Commission reserves the right to rescind Special Sign Permit No. 95-13 and Planned Sign Program No. 95-11 in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. PC Minutes - 5/28/96 10 (p=051) B-3 CONDITIONAL USE PERMIT NO. 96-11 WITH SPECIAL PERMITS/COASTAL DEVELOPMENT PERMIT NO.96-4/VARIANCE NO.96-3 (PASHA LIOUOR): Applicant: Yong-Ju Location: 706 Pacific Coast Highway (inland side, northwest of Seventh Street). Prod ect Planner: Susan Pierce Conditional Use Permit No. 96-11 and Coastal Development Permit No. 96-4 represent a request to construct a 1,499 sq. ft. market with liquor sales and two (2) gas pump islands with four special permits for waivers from code required front yard setback, rear yard setback, interior side yard setback, and to permit street access in lieu of alley access. The applicant also requests Variance No. 96-3 to allow the project on a 13,187.5 sq.ft. site in lieu of minimum 14,000 sq.ft. The proposed Mediterranean design service market building will include a 24 ft. by 58 ft. canopy to cover two pump islands with four fuel stations. STAFF RECOMMENDATION: Staff recommends approval of the market with liquor and gas sales based on the conditions imposed for the following reasons. ♦ The proposed use will be compatible with the Commercial Visitor Serving land use designation of the General Plan and surrounding land uses. ♦ Sufficient on -site circulation is provided between the parking area and the pump islands. ♦ Additional parking spaces in excess of minimum requirements will be provided. ♦ Landscaping will be provided along the parking areas and within the front and exterior side setbacks. ♦ Liquor sales will be a ancillary use on the site. ♦ The proposed design creates a better site layout and efficient use of the site. ♦ Vehicular and customer noise and vehicular light and glare on adjacent residences are minimized. ♦ The existing building will be demolished and replaced with a market half its size with gas sales which will provide a service needed in the Downtown area along Pacific Coast Highway. THE PUBLIC HEARING WAS OPENED. Gilbert M. Wilson, 3100 Ocean Blvd., Corona Del Mar, owner of adjacent oil well site, stated that he had no objection to the general proposal but is concerned that the construction will impair the access of truck trailers that maintain and remove the oil. He asked the Commission to take this into consideration when reviewing the plan. PC Minutes - 5/28/96 11 (p=051) Julie McPheeters, 111-7th Street, adjacent resident, spoke in support of the request. She feels it will benefit the community. Yong Ju Kwon, 695 S. Vermont Avenue, #505, Los Angeles, architect for the project, stated that the project will provide better service to the community as there are no gas stations within five (5) miles of the proposed site. He gave a brief explanation of the request to the Commission. Nazmi Ali, 706 Pacific Coast Highway, applicant, stated that they have had no problems with Police complaints, and they get along well with the adjacent neighbors. He stated that the area has a great need for a gas station. Commissioner Livengood asked the applicant, Mr. Ali, if he had reviewed the conditions of approval and agreed with them. Mr. Ali stated that he had read the conditions and was in agreement with them. Commissioner Livengood also asked if he was in agreement with the removal of one-half (1/2) of the alley, replacing it with concrete and asked if the closure of the alley would have any impact on his business. Mr. Ali stated that he was in agreement and the closure of the alley would have no affect because the customers do not enter from there. Commissioner Gorman asked the applicant, Mr. Ali, if he was aware of the costs related to the catch basin and alley construction. Mr. Ali stated that he was aware of the costs and comfortable with them. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commissioners discussed using asphalt instead of concrete in the alley to save costs in the eventuality that the alley is vacated. Dave Webb, Public Works, stated that asphalt instead of concrete would be acceptable. A MOTION WAS MADE BY GORMAN, SECOND BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.96-11 WITH SPECIAL PERMITS, COASTAL DEVELOPMENT PERMIT NO. 96-4 AND VARIANCE NO. 96-3, WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Holden ABSTAIN: None MOTION PASSED PC Minutes - 5/28/96 12 (p=051) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.96-11: 1. The establishment, maintenance and operation of the 1,499 sq.ft. market with liquor sales and gas pump islands 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: a. The project layout will be consistent with the intent of the Downtown Specific Plan. b. Noise, light, and glare impacts on adjacent residential properties will be minimized by placement of the building at the northwest corner of the site and the block wall along the rear and interior side property line. c. Parking in excess of the minimum code requirement will be provided for motorist and bicycle customers. d. Vehicular access to the site will be from Pacific Coast Highway and Seventh Street, not from the alley. A raised median in the center of Pacific Coast Highway prevents left turns to or from the site. e. 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. f. The proposed project will improve the appearance of a visual degraded site with the construction of a building of Mediterranean design, the established design theme for the area. 2. The proposed 1,499 sq.ft. market with liquor sales and gas pump islands will comply with the provisions of the base district which is and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. The proposed market complies with the development standards except for the special permit requests and the minimum lot area variance. 3. The granting of the conditional use permit for a 1,499 sq.ft. market with liquor sales and gas pump islands will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Visitor Serving Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Ensure commercial development that is economically viable, attractive, well related to other land uses, and satisfies the needs of the City's residents. PC Minutes - 5/28/96 13 (pcm051) b. Promote the development of services and facilities to support a tourist industry. c. Protect, encourage, and where feasible, provide visitor serving facilities in the coastal zone which are varied in type and price. d. Preserve and enhance visual resources within the coastal zone. FINDINGS FOR APPROVAL - SPECIAL PERMITS: 1. The following requested special permits provide a better urban environment: a. a zero ft. interior side building setback in lieu of seven (7) ft.; b. a six inch rear building setback in lieu of three (3) ft.; c. an 11 ft. wide landscaped area along 30 ft. of the front property line in lieu of a minimum 25 ft. landscaped area; and d. street access in lieu of alley access. There are significantly greater benefits from the project to be provided than would occur if all the minimum requirements were met. The special permits allow a building constructed at the northwest corner of the site in compliance with the minimum parking requirements. The special permits reduce the traffic and noise impacts on adjacent residential properties. 2. The requested special permits provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design. The building design provides a passage area between the required parking spaces and vehicles at the pump islands. There are more landscaping opportunities in contiguous areas for more effective landscaping treatment. The requested special permits are consistent with objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment. The project does not block views and provides street access to minimize impact on the adjacent residential properties. FINDINGS FOR APPROVAL - VARIANCE NO. 96-3: 1. The granting of a variance to allow development of a market with liquor sales and gas sales on a 13,187.5 sq.ft. site in lieu of minimum 14,000 sq.ft will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Minimum parcel size for general commercial development in District 1 is 10,000 sq.ft. with 100 ft. of frontage on Pacific Coast Highway. The design of the project is compatible with the reduced lot size. PC Minutes - 5/28/96 14 (pcm051) 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 site is a corner lot with vehicle access from Pacific Coast Highway and Seventh Street. Alley access for the proposed use is not permitted because the alley is used primarily by residences. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The property is surrounded by Seventh Street, Pacific Coast Highway, an alley, and a developed parcel which prevent additional property to be included in the project boundary. This variance will allow for development as originally intended by the most recent changes to the Downtown Specific Plan. 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. The proposed site plan demonstrates that a new facility can be designed to provide more efficient service to the public and maintain a more pleasant and quality environment. The location of the building in the northwest corner of the site provides sufficient area for the pump islands, parking spaces, and traffic flow. Street access from Seventh Street and Pacific Coast Highway makes the traffic flow more smoothly and easier than alley access. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 96-4: 1. The development project, as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program and will not impact public views or access. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code except for the variance and special permits. The proposed development as modified by conditions of approval will conform to all applicable city codes, including height, setbacks, and parking except for the variance and special permits. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. Infrastructure currently exists to the site and will be modified to conform to (the City's current) standards and specifications. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. PC Minutes - 5/28/96 15 (pcm051) CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 96-11/COASTAL DEVELOPMENT PERMIT NO.96-4: 1. The site plan received and dated April 26, 1996, and the floor plan and elevations received and dated April 4, 1996, shall be the conceptually approved layout with the following modifications: a. The six foot high wrought iron fence along the rear property line (alley side) shall be replaced with a six foot high block wall and constructed in compliance with Section 230.88 of the Huntington Beach Zoning and Subdivision Ordinance. (Code Requirement) b. A 42 inch high block wall shall be constructed along the first 25 ft. of the interior side property line (from Pacific Coast Highway) and shall increase in height to eight foot extending to the corner of the building to separate the oil production property to the west (interior property line side). (FD) c. A four hour fire wall shall be provided separating the building from the oil storage tank and oil well on the adjacent property to the west. (FD) d. A pyramid cap shall be placed on the top of the planter adjacent to the proposed building and on the top of the 42 inch high block wall. (PD) e. The parkway dimensions shall be revised to reflect 12.5 feet on Seventh Street and 11 feet on Pacific Coast Highway. (PW) f. The trash area and restroom location shall be reversed. g. The trash area shall have access from within the storage room. h. The restroom shall be accessible to customers from within the building. (PD) i. The canopy shall be redesigned to cover the vehicles at the pump islands and located diagonally on the site. j. Parking spaces No. 7 and 8 shall be replaced with four 60 degree parking spaces. k. The rear building wall shall be reinforced to eliminate the need for steel guard posts. 2. Prior to submittal for building permits, the following shall be completed: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. PC Minutes - 5/28/96 16 (pcm051) b. Floor plans shall depict exiting, energy, and disabled access in compliance with 1994 edition Uniform Building Code. (BD) c. If foil -type insulation is to be used, a fire retarding type shall be installed as approved by the Building Division and indicated on the floor plans. d. Elevations shall depict colors and building materials proposed as approved by the Design Review Board. 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. (Code Requirement) f. 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. g. 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. h. Maximum separation between building wall and westerly property line shall not exceed two (2) inches. i. Zoning entitlement conditions of approval shall be copied or printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). j. Fire Department requirements shall be noted on the building plans: 1) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 2) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1 /2) inches. (FD) PC Minutes - 5/28/96 17 (pcm051) 31 Installation or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. (FD) 4) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification No. 422 and 431 for the abandonment of oil wells and site restoration. (FD) 5) The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification #429 for new construction with the methane gas overlay districts. (FD) 3: Prior to issuance of building permits, the following shall be completed: a. A copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 shall be submitted to the Department of Community Development for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Department of Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which depicts all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 231 (Landscape Improvements) of the Zoning and Subdivision Ordinance, the Downtown Design Guidelines, and Chapter 14.52 of the Municipal Code (Water Efficient Landscape Requirements). The set must be approved by the Departments of Public Works and Community Development 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. (PW) (Code Requirement) c. A grading plan shall be submitted to the Department of Public Works for review and approval. (This plan, in addition to grading, shall include all of the required off -site improvements. (PW) d. The following dedication shall be required: 1) 4.5 feet off of the alley, and 2) 24.0 foot radius at the corner of Seventh Street and Pacific Coast Highway. (PW) (Code Requirement) PC Minutes - 5/28/96 18 (p=051) 1 A tentative parcel map consolidating Lots 1, 2, 3, 4, and 5 Block 107 of Huntington Beach Tract shall be submitted and approved by the Zoning Administrator. Said map shall be recorded and a copy submitted to the Department of Community Development. (Code Requirement) f. A planned sign program shall be submitted and approved for all signage. Said program shall be approved prior to the first sign request. (Code Requirement) g. The subject property owner shall enter into a irrevocable reciprocal driveway easement agreement between the subject site and the adjacent property to the west. 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. 4. 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. 5. Prior to final approval of the building permit (or issuance of a Certificate of Occupancy), the following shall be completed: a. Remove one-half of existing asphalt alley and replace with an asphalt half alley. (PW) b. Remove and replace existing sidewalk on Seventh Street and Pacific Coast Highway per City and CalTrans Standards. (PW) c. Remove existing curb and replace with curb and gutter on Seventh Street. (PW) d. Construct full width concrete alley apron. (PW) e. Relocate existing fire hydrant located at alley entrance. (PW) PC Minutes - 5/28/96 19 (pcm051) L ] f. Remove existing driveway on Seventh Street and construct curb, gutter, and sidewalk. (PW) g. Construct new radius type driveway on Seventh Street per City Standards. (PW) h. Remove and reconstruct the existing driveway on Pacific Coast Highway per EMA Standard Plan No. 1210. (PW) i. All water improvements shall be designed and installed per the City of Huntington Beach Water Division's Standard Plans, Specifications and Design Criteria. (PW) j. Any existing water services not being utilized for domestic or irrigation services shall be abandoned at the water main and the water meter returned to the Water Division. (PW) k. The proposed building shall be served by a single water service, sized per the Uniform Plumbing Code, with backflow protection per City of Huntington Beach Water Division Standard Plan No. 609. (PW) 1. The irrigation system shall be served by a single water service, sized per the City of Huntington Beach Landscape Architect, with backflow protection per City of Huntington Beach Water Division Standard Plan No. 609. (PW) in. A separate fire service, if required by the City of Huntington Beach Fire Department, shall be constructed per City of Huntington Beach Water Division Standard Plan No. 618. (PW) n. The existing catch basin and lid located at the corner of Seventh Street and Pacific Coast Highway shall be rebuilt per Department of Public Works Standards. (PW) o. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. (Code Requirement) p. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. q. Compliance with all conditions of approval specified herein shall be accomplished. r. 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. PC Minutes - 5/28/96 20 (p=051) 6. The use shall comply with the following: a. All truck loading and unloading (deliveries) shall be on -site, not from the street or alley. b. No advertising of alcoholic beverages shall be permitted in windows or on building walls visible from the street. c. There shall be no loitering or consumption of alcoholic beverages permitted on the premises. d. No public telephones shall be permitted on the premises. e. No video games shall be permitted on the premises. f. The restroom shall be accessible from within the market area of the building and available for customer use. The restroom shall not be accessible directly from the outside of the building. g. The windows shall be kept clear of signs and advertising. h. If utilized, the metal band proposed at the top of the building and canopy shall be maintained annually to prevent corrosion and degradation. i. The area devoted to sale and display of alcoholic beverages shall not exceed 20% of the total floor area of the building. j. The proposed market with two gas pump islands may be open 24 hours. 7. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Board (ABC) license, along with any special conditions imposed by ABC, shall be submitted to the Department of Community Development. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 8. A review of the use shall be conducted by the Staff within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval, the Downtown Specific Plan, Downtown Design Guidelines, and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. 9. If the adjacent alley is vacated by the City prior to construction, the applicant may submit a revised site plan that includes this area into the project for review and approval by the Director. 10. This conditional use permit shall not become effective for any purpose until the ten day appeal period has elapsed. PC Minutes - 5/28/96 21 (pcm051) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. All applicable Public Works fees shall be paid. (PW) 2. Traffic Impact Fees shall be paid at the time of final inspection or Certificate of Occupancy. (PW) 3. An encroachment permit shall be required for all work within the right-of-way. (PW) 4. 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. 5. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. All utilities shall be installed underground. (PW) 8. The Planning Commission reserves the right to revoke Conditional Use Permit No. 96-11, Coastal Development Permit No. 96-4, and Variance No. 96-3, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 9. Conditional Use Permit No. 96-11, Coastal Development Permit No. 96-4, and Variance No. 96-3 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 C-1 PLANNING COMMISSION MINUTES DATED APRIL 9, 1996 (CONTINUED FROM THE APRIL 23, 1996 PLANNING COMMISSION MEETING A MOTION WAS MADE BY SPEAKER, SECOND BY TILLOTSON, TO APPROVE THE PLANNING COMMISSION MINUTES DATED APRIL 9, 1996, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Tillotson, Speaker NOES: None ABSENT: Holden, Biddle (out of room) ABSTAIN: Gorman MOTION PASSED PC Minutes - 5/28/96 22 (pcm051) C-2 PLANNING COMMISSION MINUTES DATED APRIL 23 1996 A MOTION WAS MADE BY GORMAN, SECOND BY KERINS, TO APPROVE THE PLANNING COMMISSION MINUTES DATED APRIL 23, 1996, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Gorman NOES: None ABSENT: Holden, Biddle (out of room) ABSTAIN: Speaker, Tillotson MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 GENERAL PLAN CONFORMANCE NO 96-1 (VACATION OF SURPLUS PROPERTY): Applicant: City of Huntington Beach, Administrative Location: Northwest corner of Bolsa Chica Street and Pearce Avenue Project Planner: Brian James General Plan Conformance No. 96-1 is a request to determine if the proposed vacation of a 1,619.54 square foot portion of surplus land on the northwest corner of Bolsa Chica Street and Pearce Avenue is in conformance with the goals, objectives, and policies of the General Plan. This piece of property is currently vacant and there has been a problem with illegal parking and dumping. This creates a potential liability for the City, as well as additional maintenance costs. This property is a remnant parcel from the Bolsa Chica Street street widening. In 1983 the City attempted to dispose of the surplus land to the adjacent property owner, however, they were not interested in the property at that time (General Plan Conformance No. 83-8). On February 7, 1996, the current owner contacted the City stating that they were interested in purchasing this vacant land. PC Minutes - 5/28/96 23 (p=051) STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve General Plan Conformance No. 96-1 for the following reasons: • The proposed vacation is in conformance with the goals and policies of the Land Use and Circulation Elements of the General Plan; • Safe pedestrian and vehicular movement will be maintained; • The proposed vacation of property will allow both the east and west side of Bolsa Chica Street to be developed in a similar manner, this will increase the visual beauty of the area; • The proposed vacation of property will allow the City to conserve maintenance costs and utilize maintenance personnel in a more efficient manner; • This proposed vacation of property will encourage the rational use of land and other natural resources. A MOTION WAS MADE BY LIVENGOOD, SECOND BY TILLOTSON, TO ADOPT RESOLUTION NO. 1514 APPROVING GENERAL PLAN CONFORMANCE NO. 96-1 WITH FINDINGS FOR APPROVAL, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Holden ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO. 96-1: 1. The proposed vacation of 1,619.54 square feet of surplus land conforms with the following goals, objectives, and policies of the Land Use and Circulation Element of the General Plan: Land Use Element Policy 3.4.2.1 Develop and maintain high standards of visual beauty within all areas of the City. The proposed vacation of 1,619.54 square feet of surplus land will allow a consistent street scene to be developed on both the east and west sides of Bolsa Chica Street. A consistent street scene provides continuity and helps to create identity for the neighborhood. The landscaped area proposed will help to maintain a high standard of visual beauty on Bolsa Chica Street. The proposed vacation of land will prevent the illegal dumping and parking on this site, by allowing the adjacent owner to develop and utilize the area. PC Minutes - 5/28/96 24 (pcm051) Policy 3.4.2.7 - 1 Encourage the rational use of land and other natural resources. The proposed vacation of 1,619.54 square feet of City maintained surplus land allows the adjacent property owner to assume responsibility for maintenance of the property. This will allow the City to save maintenance costs and utilize landscape maintenance personnel in a more efficient manner. This will also eliminate a vacant property that is used for illegal parking and dumping. Circulation Element Policy 3.1.2.2 Develop a system of arterial streets and highways that ensures the safe and efficient movement of people and goods. The proposed vacation of 1,619.54 square feet of surplus land will maintain a safe and efficient movement of pedestrian and vehicular traffic by providing a eight foot sidewalk, with curb and gutter. This will allow pedestrians to walk safely on the sidewalk and not on the street. D-2 CONDITIONAL USE PERMIT NO. 90-39/TENTATIVE TRACT MAP NO. 14352/COASTAL DEVELOPMENT PERMIT NO 90-30 - ONE (1) YEAR EXTENSION OF TIME (THIRD BLOCK WEST): Applicant: City of Huntington Beach, Redevelopment Agency Location: West 300 block of Main Street (full block bounded by Main Street, Olive Avenue, Fifth Street, and Orange Avenue) Project Planner: Jane Madera This request is for a one (1) year extension of time for the previously approved entitlements for the project known as Third Block West. The City Council approved the project on appeal on March 4, 1991 and there has been one extension granted by the Planning Commission and a subsequent extension occurred as a result of State legislation that effected all subdivision maps. This proposed one (1) year extension would allow the approvals for the mixed use development to remain in effect until March 4, 1997. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve a one (1) year extension of time, until March 4, 1997, for Conditional Use Permit No. 90-39, Tentative Tract Map No. 14352, and Coastal Development Permit No. 90-30 with previously approved findings and conditions of approval to remain in effect. Commissioner Tillotson stated that she would be abstaining in conformance with Planning Commission By-laws. PC Minutes - 5/28/96 25 (pcm051) C A MOTION WAS MADE BY LIVENGOOD, SECOND BY GORMAN, TO APPROVE A ONE (1) YEAR EXTENSION OF TIME, UNTIL MARCH 4, 1997, FOR CONDITIONAL USE PERMIT NO. 90-39, TENTATIVE TRACT MAP NO. 14352, AND COASTAL DEVELOPMENT PERMIT NO.90-30 WITH PREVIOUSLY APPROVED FINDINGS AND CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Gorman, Speaker NOES: Biddle ABSENT: Holden ABSTAIN: Tillotson MOTION PASSED E. PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Livengood - commended staff on the re -organization of the suggested conditions of approval and code requirements in the staff reports. He stated that they are now much easier to understand. Commissioner Kerins - questioned staff regarding the process for planned sign program staff review. Staff stated that if the planned sign program conforms to code, staff reviews it for architectural compatibility. If the requested planned sign program does not conform to code, it is brought before the Zoning Administrator for a public hearing. Commissioner Kerins requested that in the future, when projects are appealed, staff reports should include the reasons for the appeal in bullet form similar to staffs recommendations under the "Statement of Issue" section. Commissioner Kerins requested that staff investigate a possible illegal banner sign on Pacific Coast Highway and 1 st Street which reads "All Day Parking." He stated the sign refers to a lot north of the sign that charges $3.00 a day. He asked staff to also investigate if this causes the City to lose parking revenue. Commissioner Gorman - asked staff to provide an update status on the conditions in Amberleaf Circle as reported in a letter from Mr. Victor Gristchuk. Commission Gorman stated that he would encourage staff to expedite this process. Staff stated that they would investigate the problem. PC Minutes - 5/28/96 26 (pcm051) Commissioner Tillotson - stated that she had spoken with Mr. Victor Gristchuk and also encourages staff to expedite the process. Commissioner Tillotson stated that she had spoken with a few employees of the Guardian Center building on the corner of Beach and Warner, adjacent to the Oakview area. She stated that they had expressed concern with automobile break-ins in the parking lot, female employees concerned with leaving the building at lunch, and robberies occurring in the building. Commissioner Tillotson stated that as the City is trying to bring business in this Redevelopment building/area, staff should investigate the reported problems. She would like a report on the conditions of the area and how serious they are. Staff stated that they would contact the property management company and report the status of the reported conditions to the Commission. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director - restated actions take at the previous City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING G. ADJOURNMENT - Adjourn to the June 11, 1996, Planning Commission meeting. A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER, TO ADJOURN TO A 5:30 PM STUDY SESSION ON JUNE 11, 1996, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Holden ABSTAIN: None MOTION PASSED /kjl APPROVED BY: and Zelef , Se ret Planning Commission Chairpe son PC Minutes - 5/28/96 27 (p=051)