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HomeMy WebLinkAbout1996-10-22MINUTES I 1 HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, OCTOBER 22,1996 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM COASTAL DEVELOPMENT PERMIT NO 96-11/CONDITIONAL USE PERMIT NO 96-271ZONING TEXT AMENDMENT 96-3/LOCAL COASTAL PROGRAM NO 96-2 (OCEANCREST) - 54 detached residential units on 9.9 acres. - Laura Phillips REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P A P A P P P ROLL CALL: Holden, Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker AGENDA APPROVAL Anyone wisntng to speak must Jill out and submit a form to speak. No action can be taken by the Planning Commission on this date, unless the item is, agendiee . Any one wishing to speak on items not an tonight's agenda or on non-public hearing iteins may do so during ORAL COMMUNICAP(ONS, Speakers on items scheduledfor PUBLIC HEARING will be invited to speak during the public hearing. (4MINUTES PER PERSON; NO DONAiJNC OF TIME TO OTHERS) A. ORAL COMMUNICATIONS NONE B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO 96-80 (MARTIAL ARTS INSTRUCTION) - APPLICANT: Steve Spry LOCATION: 15071 Goldenwest Street (southwest corner at Bolsa Avenue) PROJECT PLANNER: Mary Beth Broeren Conditional Use Permit No. 96-80 represents a request to establish a personal enrichment business for martial arts instruction in an existing 2,961 square foot commercial suite. The applicant wishes to relocate his existing business to Huntington Beach in order to improve his location. Class size will range from 10 to 12 students; the proposed hours of operation are from 11:00 a.m. to 9:00 p.m. daily. The applicant also proposes to sell instructional videos and related items at this location. The proposed use is compatible with the other commercial tenants in the shopping center which include restaurants, retail shops and offices and will improve the viability of the center. The use will not be detrimental to the residential properties to the south and west which are adequately buffered from the proposed use. Sufficient parking is provided for the martial arts studio. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 96-80 for the following reasons: ♦ The martial arts studio will be compatible with surrounding uses. ♦ Adequate parking is provided for the use. ♦ The use is consistent with the General Plan which encourages a diversity of uses to increase the viability of shopping centers. THE PUBLIC HEARING WAS OPENED. Dana C. Clark, 888 N. Main, Santa Ana, representing applicant stated that they concurred with staff s report but asked for clarification on Condition No. 3.a. He asked staff if the South Coast Air Quality Management District did not require permits would the applicant be exempt from this condition. Staff stated that this was correct. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY SPEAKER, SECONDED BY TILLOTSON, TO APPROVE CONDITIONAL USE PERMIT NO.96-80 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Kerins, Gorman, Tillotson, Speaker NOES: None ABSENT: Livengood, Biddle ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 96-80• 1. Conditional Use Permit No. 96-80 for the establishment, maintenance and operation of a personal enrichment business for a martial arts studio 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. Class sizes will be restricted to maximum of 14 students to minimize impact on parking. The suite is located at the rear of the shopping center; thus, dropping off/picking up of students will not pose a circulation or safety hazard for other tenants or patrons of the shopping center. PC Minutes - 10/22/96 2 (PCM058) 1 2. The conditional use permit will be compatible with surrounding uses because the use is similar to other commercial uses in the center, and it will not impact the residential uses to the rear which are separated from the subject suite by a drive aisle and block wall. 3. The proposed martial arts studio 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. The use will locate in an existing commercial suite and is not proposing any modifications to circulation patterns or parking layout. Pursuant to the City's policy, no additional parking is required for the use provided class size is limited to a maximum of 14 students. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General on the subject property. In addition, it is consistent with the goals of the General Plan to provide a diversity of uses to increase the viability of shopping centers as places of community activity. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 6-80• 1. The site plan dated September 17, 1996 and floor plans dated October 1, 1996 shall be the conceptually approved layout. 2. Prior to of 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). 3. Prior to final building permit inspection and approval, 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. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 4. The use shall comply with the following: a. Maximum class size shall be 14 students. b. Only the uses described in the narrative shall be permitted. PC Minutes - 10/22/96 (PCM058) c. All doors shall remain closed when instruction is occurring. d. Students and instructors shall not park in the parking stalls directly in front of the suites to the east of the subject suite or in the parking stalls to the north of the subject suite that are in front of Building G. 5. 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, floor plans or use 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. 96-80 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 96-80 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. 96-80, 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. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the building. 5. 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. 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 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. 8. 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. PC Minutes - 10/22/96 4 (PCM058) B-2 CONDITIONAL USE PERMIT NO 96-63 (GALLAGHER'S GRILL) APPLICANT: Eugene Gallagher LOCATION: 300 Pacific Coast Highway, #113 (Pierside Pavilion) PROJECT PLANNER: Susan Pierce Conditional Use Permit No. 96-63 is a request to allow live entertainment and alcoholic beverage sales at a proposed restaurant (Gallagher's Grill) to be located in the Pierside Pavilion complex, on the side facing Walnut Avenue. The restaurant will be open between 7 a.m. and 2 a.m. and live entertainment will occur between noon and 1:30 a.m. Staff has analyzed the request and believes that live entertainment and on -site sale of alcoholic beverages in conjunction with the proposed restaurant use will be compatible with the existing and surrounding commercial uses in the Pierside Pavilion and the downtown area in general, and is adequately separated from residential uses. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Conditionai Use Permit No. 96-63 with findings and suggested conditions of approval for the following reasons: ♦ The site was previously used as a restaurant and approved for the sale of beer and wine. ♦ Noise associated with live entertainment will be contained within the restaurant area. ♦ The proposed restaurant is separated from residential properties by commercial uses and structures. ♦ The sale of alcoholic beverages and live entertainment will not be detrimental to surrounding land uses and will be compatible with adjoining commercial uses. ♦ The proposed use will not be detrimental to the general welfare of persons residing or working in the vicinity, and will not generate any additional noise, traffic or other impacts which would be detrimental to residential uses in the vicinity. ♦ The use conforms to the goals and policies of the General Plan. The Commission asked staff if Edwards Movie Theater had been notified and to define the type of live entertainment the applicant is requesting. Staff stated that Edwards Movie Theater had been notified and staff had not received any comments. Staff explained that the live entertainment request was for up to five (5) musicians. THE PUBLIC HEARING WAS OPENED. Eugene Gallagher, 300 Pacific Coast Highway, Suite 113, applicant, stated that he was representing his family in this application and was available to answer any questions. Commissioner Gorman asked Mr. Gallagher if he had read the conditions of approval and concurred with them. Mr. Gallagher stated that he had read them and was in concurrence with the conditions. PC Minutes - 10/22/96 (PCM058) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Gorman stated that he was not opposed to this request, but wanted to make certain that the live entertainment would not create noise problems for the Edwards Theater complex. Staff stated that soundproofing had been installed when the building was originally constructed and Condition No. 3 would require a sound analysis and noise mitigation measures would be required, if necessary, to ensure noise levels conform to City codes. A MOTION WAS MADE BY TILLOTSON, SECONDED BY SPEAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 96-63 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Kerins, Gorman, Tillotson, Speaker NOES: None ABSENT: Livengood, Biddle ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 96- 63 1, Conditional Use Permit No. 96-63 for the establishment, maintenance and operation of live entertainment and alcoholic beverage sales at a restaurant (Gallagher's Grill) 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. a. The proposed restaurant is separated from residential properties by commercial uses and structures. b. Noise associated with live entertainment will be contained within the restaurant area. 2. Conditional Use Permit No. 96- 63 will be compatible with surrounding uses because: a. The site was previously used as a restaurant and approved for the sale of beer and wine. b. The request does not represent a significant change to the previous use. c. The use will not generate significant noise impacts or result in additional traffic. 3. The proposed live entertainment and alcoholic beverage sales at a restaurant (Gallagher's Grill) will comply with the provisions of the base district which Specific Plan 5 (Downtown Specific Plan 3) 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. On -site parking is provided in the subterranean parking garage and no additional parking demand is generated by the proposed use. PC Minutes - 10/22/96 6 (PCM058) C J 4. The granting of the conditional use permit for live entertainment and alcoholic beverage sales at a restaurant (Gallagher's Grill) will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Limit commercial uses in mixed -use development projects to those uses that are compatible with the residences. (LU 11.1.2) b: Revitalize, renovate and expand the existing Huntington Beach commercial facilities while attracting new commercial uses. (ED 2.4) Encourage the attraction of coastal and inland and visitor serving uses to offer a wider spectrum of visitor opportunities. (ED 2.6.1) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 96-63: 1. The floor plan received and dated September 9, 1996, shall be the conceptually approved layout. 2. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control 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. 3. Prior to commencing the live entertainment activities, an analysis and report prepared by a California State licensed acoustical engineer shall be filed with the Department of Community Development. This report shall include recommended noise mitigation measures for the live entertainment use to ensure that noise levels will conform with Chapter 8.40 of the Huntington Beach Municipal Code and that noise levels will not exceed reasonable nuisance standards for adjoining businesses and properties. All recommended mitigation measures shall be in place prior to the onset of live entertainment performances. 4. The use shall conform to the conditions of the Entertainment Permit. 5. 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, elevations 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. A Certificate of Occupancy shall be issued by the Department of Community Development. PC Minutes - 10/22/96 (PCM058) G 2. 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. 3. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 4. 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. 5. The Planning Commission reserves the right to revoke Conditional Use Permit No. 96-63, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 6. Conditional Use Permit No. 96-63 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. B-3 ZONING TEXT AMENDMENT NO.95-6 (SIGN CODE REWRITE) (CONTINUED FROM THE AUGUST 27,1996 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach LOCATION: City-wide. PROJECT PLANNER: Wayne Carvalho Zoning Text Amendment No. 95-6 is a request initiated by the City Council to amend Section 233 Signs of the City's Zoning and Subdivision Ordinance. Staff is currently incorporating the changes recommended by the Planning Commission into the Legislative Draft. The Commission's action (straw votes) at the previous study sessions will be noted as revisions to the Sign Code Subcommittee's original recommendation. Staff recommends the public hearing for the Zoning Text Amendment be continued to the November 12, 1996 Planning Commission meeting. STAFF RECOMMENDATION: Staff recommends that the Planning Commission continue Zoning Text Amendment No. 95-6 to the November 26, 1996 Planning Commission meeting." PC Minutes - 10/22/96 (PCM058) Commissioner Kerins asked the Planning Commission to reconsider their straw vote taken at the previous study session, and consider seven (7) foot monument signs, instead of ten (10) foot monument signs. The Commissioners wished to stay with the original straw vote for ten (10) foot monument signs. A MOTION WAS MADE BY GORMAN, SECONDED BY SPEAKER, TO CONTINUE ZONING TEXT AMENDMENT NO.95-6 TO THE NOVEMBER 26,1996, PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Holden, Kerins, Gorman, Tillotson, Speaker NOES: None ABSENT: Livengood, Biddle ABSTAIN: None MOTION PASSED The Commission requested that the staff report for Zoning Text Amendment No. 95-6 be forwarded to the Planning Commissioners as soon as it is prepared, to allow adequate time for them to review it. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED AUGUST 27,1996 A MOTION WAS MADE BY GORMAN, SECONDED BY TILLOTSON, TO APPROVE PLANNING COMMISSION MINUTES DATED AUGUST 27,1996, BY THE FOLLOWING VOTE: AYES: Holden, Kerins, Gorman, Tillotson, Speaker NOES: None ABSENT: Livengood, Biddle ABSTAIN: None MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED SEPTEMBER 10,1996 A MOTION WAS MADE BY SPEAKER, SECONDED BY TILLOTSON, TO APPROVE PLANNING COMMISSION MINUTES DATED SEPTEMBER 10,1996, BY THE FOLLOWING VOTE: AYES: Holden, Kerins, Tillotson, Speaker NOES: None ABSENT: Livengood, Biddle ABSTAIN: Gorman MOTION PASSED PC Minutes - 10/22/96 9 (PCM058) D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Gorman - requested staff to investigate the possibility of constructing coastal access for the public at the Pacific Coast Highway and Seapoint area. Dave Webb, Public Works, stated that plans for a coastal access ramp are currently in development. Commissioner Gorman also requested that items for the next Planning Commission meeting be included in their packet delivery. Commissioner Tillotson - requested that staff include in Commissioner Kerins request to initiate a zoning text amendment to require eight (8) foot high walls along arterial highways, aesthetic issues regarding already built add-ons in the northern part of Huntington Beach. Commissioner Speaker - proposed an amortization program for non -conforming signs in order to lessen the burden on new businesses and encourage conformance for non- conforming legal signs. Commissioner Kerins - requested staff to investigate removal of the former Burlington Coat Factory sign on Edinger since it has been vacant for more than 90 days. The Commission discussed the newly adopted Adult Business Ordinance and requested staff to poll other cities on the various criteria they have for adult businesses. A MOTION WAS MADE BY TILLOTSON, SECOND BY SPEAKER, TO CANCEL THE DECEMBER 24,1996, PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Holden, Kerins, Gorman, Tillotson, Speaker NOES: None ABSENT: Livengood, Biddle ABSTAIN: None MOTION PASSED F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsk,, Planning Director - restated actions taken at the previous, City Council meetings and discussed upcoming items. PC Minutes - 10/22/96 10 (PCM058) F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING 1 Scott Hess, Senior Planner - reviewed the items for the November 12, 1996, Planning Commission meeting. G. ADJOURNMENT: Adjourn to the November 12,1996, Planning Commission meeting. A MOTION WAS MADE BY KERINS, SECONDED BY GORMAN, TO ADJOURN TO A 5:00 PM STUDY SESSION ON NOVEMBER 12,1996, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Holden, Kerins, Gorman, Tillotson, Speaker NOES: None ABSENT: Livengood, Biddle ABSTAIN: None MOTION PASSED /kj 1 I� Zelefsky, Secretary Planning Commission Chairperson PC Minutes - 10/22/96 11 (PCM058)