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HomeMy WebLinkAbout1996-09-10MINUTES HUNTINGTON BEACH PLANN[MISSION TUESDAY, SEPTEMBER 10,1996 STUDY SESSION - 5.30 PM (Agenda Review) CAPITAL IMPROVEMENTS PROGRAM GENERAL PLAN CONFORMANCE - Brian James SIGN CODE REVISIONS - Wayne Carvalho REGULAR MEETING - 7:00 PM Council Chambers - Civic Center 2000 Main Street Huntington Beach, California PLEDGE OF ALLEGIANCE P P P P A 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. Richard Harlow, 211 B Main Street, representing the applicant of Item D-1 on the agenda, spoke in regard to the item, Conditional Use Permit No. 95-93 and Variance No. 95-28. He stated that the applicant Mr. Kahale was proceeding in compliance with the conditions of approval. Mr. Harlow informed the Commission that the applicant's tentative parcel map request would be heard by the Zoning Administrator on September 18, 1996, and he would then proceed with permit processing. Robert Cronk, 18312 Hartlund, spoke in regard to non-public hearing Item D-1 on the agenda, Conditional Use Permit No. 95-93 and Variance No. 95-28. He stated that a joint solution has not been reached regarding the flooding problems with his property and the adjacent subject property. He stated he has not been contacted by City staff, and stated he did not feel he should make a dedication to the City of his property until the flooding issue is resolved. B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO 96-28 (LINDA EVANS FITNESS CENTER): APPLICANT: Dan Popovich, Linda Evans Fitness Centers, Inc. LOCATION: 19111 Beach Boulevard (southwest corner at Garfield Avenue) PROJECT PLANNER: Wayne Carvalho Conditional Use Permit No. 96-28 represents a request by Dan Popovich, of Linda Evans Fitness Centers, Inc., to establish a new Linda Evans Fitness Center within an existing 7,385 square foot commercial suite at the Beach -Garfield Shopping Center. The fitness center, especially designed for women will consist of exercise floor and machine areas, ancillary office and locker areas, and a child care area. The addition of 14 parking spaces by restriping for compact parking stalls will bring the shopping center's non conforming parking into conformance with the Huntington Beach Zoning and Subdivision Ordinance. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve the request based upon the following: ♦ The proposed use is consistent with the General Plan Land Use designation of Commercial General on the subject property. ♦ With the recommended conditions imposed, parking and access in the shopping center will not be impacted by the new fitness center, nor will the new fitness center impact the surrounding properties. ♦ The fitness center is compatible with the other retail and office uses in the Beach - Garfield Shopping Center. ♦ The proposed hours of operation for the new fitness center will not be detrimental to the general welfare of persons working or residing in the area. THE PUBLIC HEARING WAS OPENED. Ramesh A. Dalal, 19073 Beach Blvd., business owner in the subject center, spoke in support of the request. PC Minutes - 9/10/96 2 (p=057) A MOTION WAS MADE BY KERINS, SECONDED BY LIVENGOOD, TO APPROVE CONDITIONAL USE PERMIT NO.96-28 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 96 28• 1. Conditional Use Permit No. 96-28 for the establishment, maintenance and operation of the Linda Evans Fitness Center within an existing 7,385 square foot commercial suite, and restriping of the parking lot with 20% compact parking spaces 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. With the conditions imposed, the fitness center will operate within an existing retail commercial shopping center which will be provided with sufficient parking. 2. The proposed fitness center and compact parking will comply with the provisions of the base district 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. 3. The granting of the conditional use permit will not adversely affect the General Plan. The proposed fitness center is consistent with the Land Use Element designation of Commercial General on the subject property. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO.96-28: 1. The site plan received and dated September 5, 1996, and floor plans received and dated July 9, 1996 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. All Fire Department requirements shall be noted on the building plans. (FD). PC Minutes - 9/10/96 3 (pcm057) 3. Prior to final building permit inspection and approval or commencement of use, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Department of Community Development. b. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. (FD) c. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) d. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. (FD) e. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. f. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 4. The applicant shall restripe the parking lot to include compact parking spaces as depicted on the approved site plan by January 1, 1997. 5. The use shall comply with the following: a. Only the uses described in the narrative dated and received August 28, 1996 shall be permitted. b. The back door(s) shall be kept closed during business hours to minimize noise impacts to surrounding properties. 6. All landscaping shall be maintained in a neat and clean manner; any deteriorated landscaping shall be replaced with new planting material. PC Minutes - 9/10/96 4 (pcm057) 7. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Conditional Use Permit No. 96-28 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 96-28 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. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 96-28, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PV) 5. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the building. 6. 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, except as noted herein. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 8. The striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. 9. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Department of Community Development. PC Minutes - 9/10/96 5 (pcm057) 10. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Planning Commission's action. C. CONSENT CALENDAR C-1 GENERAL PLAN CONFORMANCE NO 96-5-1996197 CAPITAL IMPROVEMENTS PROGRAM: APPLICANT: City of Huntington Beach, Administrative Services LOCATION: City-wide PLANNER ASSIGNED: Brian James The Government Code of the State of California, Section 65401, requires that a local planning agency review a list of the proposed projects recommended for planning, initiation, or construction during the ensuing fiscal year as to conformity with the local General Plan. This list of proposed projects is contained in a Capital Improvements Program (CIP). A CIP includes funded and unfunded projects for a five year period. The role of the Planning Commission in reviewing a CIP is to ensure the conformity of each project with the goals and policies of the General Plan. The merits and funding for individual projects listed in the CIP will then be reviewed and approved by the City Council. Any projects requiring additional planning review, such as review by the Design Review Board or Planning Commission, will be brought forward when ready. The Department of Administrative Services has submitted a coordinated list of all capital projects recommended by City Departments for Fiscal Year 1996/97. The 1996/97 CIP contains a list of the funded and unfunded capital projects fo: the next five fiscal years. Many projects have been carried forward from the 1995/96 CIP due to lack of funding. The 1996/97 CIP categorizes individual projects by Department and subject. Within each category, individual projects are prioritized, in terms of a multi -year strategy, and summarized. Each summary includes a brief description and anticipated cost. Included with each category of projects are the relevant General Plan Elements. To provide more detailed information as to the conformity of each project with the General Plan, Resolution Number 1516 presents relevant General Plan policies for each proposed project in the 1996/97 CIP. In the Resolution, the General Plan policies are grouped with the individual projects by Department and subject. PC Minutes - 9/10/96 6 (pcm057) STAFF RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 1516, approving General Plan Conformance No. 96-5 with findings, and forward to the City Council. The Commission requested by Minute Action that the analysis section of the staff report be forwarded to the City Council along with an explanation for the difference in fund amounts from the Community Services Commission report. They also requested that they be copied on the report. A MOTION WAS MADE BY SPEAKER, SECONDED BY KERINS, TO ADOPT RESOLUTION NO.1516, APPROVING GENERAL PLAN CONFORMANCE NO.96-5 WITH FINDINGS AND FORWARD TO CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED C-2 GENERAL PLAN CONFORMANCE NO.96-6 - FOR THE HUNTINGTON BEACH REDEVELOPMENT PROJECT AMENDMENT/MERGER: APPLICANT: City of Huntington Beach Redevelopment Agency LOCATION: Yorktown -Lake, Talbert -Beach, Main -Pier, Oakview and Huntington Center Commercial District Redevelopment areas) PLANNER ASSIGNED: Brian James The California Community Redevelopment Law, Health and Safety Code, Section 33000, requires that the Planning Commission review proposed changes in a redevelopment project area for conformance with the Goals and Policies of the General Plan. The proposed Huntington Beach Redevelopment Project Amendment/Merger was authorized by the City Council on August 19, 1996. The proposed Redevelopment Project merges the five (5) existing redevelopment project areas into a single project area called the "Huntington Beach Redevelopment Project," and is also being initiated to provide the Agency the ability to expand the Agency's financial and statutory authority. The proposal does not involve any alterations to the individual goals of each area and does not include the addition of any properties to the project area. PC Minutes - 9/10/96 7 (pcm057) The five (5) existing project areas are as follows: ♦ Yorktown -Lake ♦ Talbert -Beach ♦ Main -Pier STAFF RECOMMENDATION: ♦ Oakview ♦ Huntington Center Commercial District Staff recommends approval of the proposed Huntington Beach Redevelopment Project because of the following: ♦ The proposal conforms with the goals and policies of the Land Use, Urban Design, Economic Development, and Housing Elements of the General Plan; ♦ The proposed Redevelopment Plan will maintain the individual project area goals enacted to address specific conditions within each area; ♦ The proposed Redevelopment Plan will enhance the ability of the Redevelopment Agency to pursue the elimination of blighted conditions, and the improvement of the project area's infrastructure, aesthetics, commercial base. employment opportunities, and housing stock.; ♦ The proposed Redevelopment Plan will enhance the ability of the Redevelopment Agency to provide affordable housing; and ♦ The proposed Redevelopment Plan will maintain and improve the ability of the Redevelopment Agency to address parcels of irregular shape and size, to assemble properties, and to redevelop and recycle underutilized parcels. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO ADOPT RESOLUTION NO.1517, APPROVING GENERAL PLAN CONFORMANCE NO.96-6 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED PC Minutes - 9/10/96 (p=057) C-3 PLANNING COMMISSION MINUTES DATED JULY 9,1996• A MOTION WAS MADE BY TILLOTSON, SECONDED BY HOLDEN, TO APPROVE PLANNING COMMISSION MINUTES DATED JULY 9,1996, BY THE FOLLOWING VOTE: AYES: Holden, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: Livengood MOTION PASSED C-4 PLANNING COMMISSION MINUTES DATED AUGUST 13,1996• A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE, TO APPROVE PLANNING COMMISSION MINUTES DATED AUGUST 13,1996, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: Gorman ABSTAIN: Tillotson MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 CONDITIONAL USE PERMIT NO.95-93/VARIANCE NO 95-28 (BMWK AUTO)- SIX (6) MONTH REVIEW: APPLICANT: Nabil Kahale LOCATION: PLANNER ASSIGNED: 7412 Talbert Avenue (south side, approximately 250 feet east of Gothard Street) Wayne Carvalho PC Minutes - 9/10/96 9 (pcm057) On March 12, 1996, the Planning Commission conditionally approved Conditional Use Permit No. 95-93 and Variance No. 95-28, a request to permit an existing 1585 square foot industrial building addition to an existing automotive repair facility, and a reduction in the required number of parking spaces and landscaping. Condition of Approval No. 10 requires a six (6) month review to assess the progress on specific conditions of approval. Staff has completed the review and is forwarding the information for Planning Commission review. STAFF RECOMMENDATION: Staff recommends that the Planning Commission receive and file the six (6) month status report of Conditional Use Permit No. 95-93 and Variance No. 95-28. The Commission asked staff about the fact that the adjacent property owner Robert Cronk not being contacted by the City about the drainage situation. Dave Webb, Public Works, stated that he had not been contacted yet because they are not finished with their review of the drainage plans for the subject property. It may not be necessary for further drainage mitigation if the these plans take care of the drainage problem. The Commission asked Counsel Paul D'Alessandro, if the litigation between the City and the applicant was still going forward. Mr. D'Alessandro stated that the case is pending until the prosecutors are satisfied that all codes are being met. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO RECEIVE AND FILE THE SIX (6) MONTH STATUS REPORT OF CONDITIONAL USE PERMIT NO.95-93 AND VARIANCE NO.95-28, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED PC Minutes - 9/10/96 10 (p=057) E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Livengood - requested that staff bring back a report in six (6) months with the status of the required driveways and cul-de-sac improvements required on Mr. Cronk's property. Commissioners Holden, Livengood, Biddle. and Kerins - stated that they would be attending the Planning Officials Forum on Thursday, October 10, 1996, at the Anaheim Convention Center. Commissioner Kerins - stated that he had read an article in the LA Times regarding wireless communication antennas. He asked staff if the Community Development Department has a program to regulate these types of antennas. Staff stated that currently there are regulations for private property antenna installation, and there is currently a Committee working on regulations for publicly owned property. Staff stated that they will report on the Committee's progress at the next meeting. Commissioner Kerins also stated that he has received many inquiries from citizens regarding Code Enforcement issues. He stated they do not know who to contact regarding such issues. He requested that staff put a listing for Code Enforcement in the white pages of the telephone directory in the City's section to aide the citizens. Commissioners Biddle and Tillotson - thanked staff for the Inquiry Log updates. Commissioner Speaker - requested that staff set up a meeting with the Public Notification Sub -committee members to discuss notification for public hearings. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zele- -, Planning Director -restated actions taken at the previous, City Council meetings and discussed upcoming items. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING PC Minutes - 9/10/96 11 (pcm057) _J G. ADJOURNMENT - adjourn to the September 17,1996, Planning Commission Study session at 3: 00 PM in Room B-8. A MOTION WAS MADE BY BIDDLE, SECONDED BY SPEAKER, TO ADJOURN TO A 3:00 PM SPECIAL STUDY SESSION ON SEPTEMBER 17, 1995, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING ON OCTOBER 8,1996, AT 5:30 PM, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED /kj 1 Planning mmission Ch ' erson PC Minutes - 9/10/96 12 (pcm057)