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HomeMy WebLinkAbout1996-11-26MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, NOVEMBER 26,1996 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 4:45 PM (Agenda Review) VIEW NEW FIRE TRUCK - Duane Olson CONDITIONAL USE PERMIT NO.90-30(R) (THIRD BLOCK WEST). - Present updated conceptual plan. Pro-'ect Planner: Jane Madera CODE AMENDMENT 96-3: - Applicant: PLC Land Company Request: Review proposed staff changes to Holly-Seacliff Specific Plan to allow RL-3 development (detached single family residences on small size lots) in RM and RMH areas and to modify development standards for residential development. Location: Holly-Seacliff Specific Plan area (south of Ellis Avenue and north of Palm Avenue, and west of Huntington Street. Pro'ec Planner: Mary Beth Broeren GENERAL PLAN AMENDMENT NO.96-1/ZONE CHANGE NO 96-1/LOCAL COASTAL PLAN AMENDMENT NO.96-11/ENVIRONMENTAL ASSESSMENT NO 96-2 (21ST & 22ND STREET GPA/ZQ Request: Review proposed changes to the General Plan and Zoning designation on ten (10) lots from commercial to residential. Specifically, change the General Plan designation from MV to RH and from the Zoning designation of DTSP, District 1 to DTSP, District 2. Location: Inland side of PCH between 21 st Street and 22nd Street Project Planner: Hanna L. Brondial Bowen ZONING TEXT AMENDMENT NO.95-6 (SIGN CODE REWRITE) - Project Planner: Wayne Carvalho REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P A P P P P P ROLL CALL: Holden, Livengood, Kerins, Biddle, Gorman, Tillotson, Speaker AGENDA APPROVAL Anyone wishing to speak must fill out and submit a farm to speak. No action can be taken by the Planning Commission on this data, unless the item is agendized. Any one wishing to speak on items not on tonight's agenda or on non-public hearing items may do so during ORAL COMMUNICATIONS ,speakers on items scheduled for PUBLIC HEARING will be invited to speak during the public hearing. (4 MINUTES PER PERSON, NO D0NATX VG OF TIME TO OTHERS) A. ORAL COMMUNICATIONS Herbert Seigler, 315-21 st Street, spoke in opposition to the proposed gas station at northeast corner of Pacific Coast Highway and Goldenwest Street. Charles Wolter, 206 Goldenwest Street, spoke in opposition to the proposed gas station at northeast corner of Pacific Coast Highway and Goldenwest Street. John Goodnight, 222 Goldenwest Street, spoke in opposition to the proposed gas station at northeast corner of Pacific Coast Highway and Goldenwest Street. Mike Erickson, 208 Goldenwest Street, spoke in opposition to the proposed gas station at northeast corner of Pacific Coast Highway and Goldenwest Street. B. PUBLIC HEARING ITEMS B-1 SPECIAL SIGN PERMIT NO.96-13/DESIGN REVIEW BOARD NO.96-38 (DELILLO CHEVROLET) (APPEAL) (CONTINUED FROM THE NOVEMBER 12, 1996, PLANNING COMMISSION MEETING) - APPLICANT: Will Hawes LOCATION: 18211 Beach Boulevard (west side of Beach Boulevard, north of Taylor) PROJECT PLANNER:. Lisa Mercurio Forwarded for Planning Commission consideration is an appeal filed by Superior Electrical Advertising, applicant, of the Zoning Administrator's conditional approval of Special Sign Permit No. 96-13. The request is to: install one (1), 42 ft. high, 265 sq. ft. freestanding pylon sign; deviate from number of freestanding signs allowed per frontage; and install three (3) wall signs totaling 204 sq. ft. The approved signs were conditioned to comply with the proposed sign code allowing for a 20 ft. tall, 100 sq. ft., internally illuminated freestanding sign. In addition, there were three (3) freestanding signs conditioned to be combined into one (1) freestanding sign, and comply with the proposed sign code in terms of height and square footage. The proposed wall signs (204 sq. ft.) were approved. PC Minutes - 11/26/96 2 (PCM060) The applicant/appellant appealed the request because: ♦ The 42 ft. high sign is needed to be more competitive with an adjoining dealership; and ♦ Car dealerships are the number one (1) tax base for the City. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Special Sign Permit No. 96-13 for a 25 ft. high sign with an opaque background and all other conditions as approved by the Zoning Administrator, for the following reasons: ♦ Coordinated, clear signage is necessary to ensure visibility of the business. ♦ The new signs may actually increase business and safety for motorists on Beach Boulevard. ♦ The new signs will be compatible with the proposed sign code, and are compatible with the policies of the General Plan calling for coordinated signage. ♦ The new signs will not obstruct pedestrian or vehicular vision, and will comply with the site angle and visibility requirements. ♦ An existing 47 ft. high non -conforming freestanding sign will be removed from the premises and replaced with improved signs that are more consistent with the proposed sign code. THE PUBLIC HEARING WAS OPENED. Will Hawes, Superior Electrical Advertising, 1700 W. Anaheim, Long Beach, applicant, stated that they are appealing the Zoning Administrator's decision because the 42 ft. high sign is needed to be more competitive with an adjoining dealership; and car dealerships are the number one (1) tax base for the City. Mr. Hawes stated that Chevrolet Motor Divisions goal is to have all Chevrolet dealerships with a consistent image relating to signs and dealer facilities to make the dealerships easily recognizable by the public. He stated that the two properties north and south of the project area make it prohibitive as a business decision to conform to the maximum 20 foot high sign code. The applicant requests the proposed sign remain in place until the Terry York Ford sign on an adjacent is brought into conformance with the code. Mr. Hawes explained that the owner of the business will not remove the current non conforming sign if he has to lower it to 20 feet. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Kerins stated that one of the Sign Code Sub -Committee's objectives was to improve the appearance of signs along Beach Boulevard. He stated this was the reason for proposing a 25 foot height limit, and feels there is no reason to deviate from that. The existing signs, balloons and banners along Beach Boulevard are already unattractive and may cause people to shop elsewhere. PC Minutes - 11/26/96 3 (PCM060) n Commissioner Tillotson stated that Beach Boulevard auto dealerships need more flexibility in order to bring in desperately needed revenue. She stated the proposed sign would be more aesthetically pleasing than the existing sign and we should work with the applicant as much as possible. Commissioner Gorman agreed that the auto dealerships were an important component in our tax base, but expressed concern of piecemealing the sign code along Beach Boulevard. he expressed support for long term urban planning and would favor the 25 foot high sign. Commissioner Holden felt that the removal of the old sign and putting in the applicant's requested sign would improve the appearance of the site, and increase visibility of the dealership. Commissioner Biddle stated his support for the 25 foot high sign. He is concerned that a staggering effect will occur if they do not stay within the proposed code. A MOTION WAS MADE BY TILLOTSON, SECONDED BY SPEAKER TO APPROVE SPECIAL SIGN PERMIT NO.96-13 FOR A 37 FOOT HIGH, 250 SQUARE FOOT SIGN WITHOUT OPAQUE BACKGROUND, TO REMAIN UNTIL THE TERRY YORK FORD SIGN WAS BROUGHT INTO CONFORMANCE WITH THE CODE, AND ALL OTHER ZONING ADMINISTRATOR FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Tillotson, Speaker NOES: Kerins, Biddle, Gorman ABSENT: Livengood ABSTAIN: None MOTION FAILED MOTION TO APPROVE WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL FAILED ON A 3-3 VOTE. THIS ITEM WILL BE AUTOMATICALLY CONTINUED TO THE DECEMBER 10, 1996, PLANNING COMMISSION MEETING. PC Minutes - 11/26/96 4 (PCM060) 11-2 SPECIAL SIGN PERMIT NO.96-8 (HUNTINGTON HARBOUR MALL SIGN) (APPEAL APPLICANT: Architectural Design & Signs, Inc. LOCATION: 17041 Algonquin Street (northwest corner at Warner Avenue) PROJECT PLANNER: Wayne Carvalho Transmitted for Planning Commission review is an appeal filed by the Huntington Harbour Property Owner's Association, of the Zoning Administrator's conditional approval of Special Sign Permit No. 96-8, a request to install a 15 foot high, 108 square foot freestanding pylon sign identifying Huntington Harbour Mall and including four (4) tenant panels and the address of the mall. The applicant worked with the adjacent residents on Malta Circle and the City to address concerns involving the proposed sign. The conditions imposed by the Zoning Administrator are a result of site visits and discussions between the applicant, residents and staff. The Huntington Harbour Property Owner's Association appealed the Zoning Administrator's approval for the following reasons: ♦ The proposed sign is located in an area that is primarily residential. ♦ A larger sign will not achieve the mall owner's objective of attracting more customers and tenants. STAFF RECOMMENDATION: Staff recommends the Planning Commission uphold the Zoning Administrator's decision and conditionally approve Special Sign Permit No. 96-8 as approved by the Zoning Administrator for the following reasons: ♦ The new sign will not adversely affect other signs in the area, nor will the sign be detrimental to properties located in the vicinity since the recommended conditions require additional landscape be planted and fencing be added onto the top of the existing wall between the sign and Malta Circle to provide additional screening for the residents. ♦ The sign, identifying Huntington Harbour Mall, will provide business exposure to motorists traveling on Warner Avenue which is approximately 500 feet away. ♦ The new pylon sign will have an opaque background design that will not obstruct traffic vision and will not be a hazardous distraction. The sign location will meet the minimum site angle requirement. ♦ The proposed sign is compatible with the sign previously approved by the City Council. PC Minutes - 11/26/96 5 (PCM060) The applicant and the appellant submitted letters requesting a continuance of this item to the January 14, 1997, Planning Commission meeting in order to further study the issues. A MOTION WAS MADE BY KERINS, SECONDED BY TILLOTSON, TO CONTINUE SPECIAL SIGN PERMIT NO.96-8 TO THE JANUARY 14,1997, PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Holden, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED B-3 ENTITLEMENT PLAN AMENDMENT NO.96-3/VARIANCE NO.96-29 (HILLCREST RESIDENTIAL PROJECT APPLICANT: Polygon Communities, Inc. LOCATION: South of Summit Drive, between Seapoint and Goldenwest Streets) PROJECT PLANNER: Mary Beth Broeren Polygon Communities, Inc., applicant, will be responsible for construction of 79 single family homes in the Peninsula II project. Entitlement Plan Amendment No. 96-3 represents a request to amend the previously approved site plan, floor plans and elevations of a single family residential subdivision to reflect the specific product that will be constructed by Polygon Communities, Inc. The homes are consistent with the previously approved project and will be compatible with the surrounding development. The applicant does not propose any change in lot configuration, density or circulation. The modifications to the site plan include a request to exceed maximum wall height in the front setback area on two lots with an eight foot high wing wall. Staff supports the applicant's request. Both lots have curvilinear front property lines that result in odd shaped front setback areas. The walls will not impact adjacent properties and do not present a safety hazard. Variance No. 96-29 is a request for reduced rear yard setbacks on three lots because of the shape of the lots. Staff supports the applicant's request finding that the proposed deviations from code are minimal, the location of the units will not impact the privacy of adjoining properties and there are special circumstances pertaining to the shape and location of the three lots. PC Minutes - 11/26/96 6 (PCM060) STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Entitlement Plan Amendment No. 96-3 and Variance No. 96-29 for the following reasons: ♦ The project is consistent with the previously approved Tentative Tract No. 14700/Conditional Use Permit No. 93-39/Coastal Development Permit No. 93-23. ♦ The proposed floor plans and elevations will be compatible with development in the surrounding area. ♦ The project is consistent with the General Plan and achieves the goal of providing a mix of housing types. ♦ The wing wall encroachments do not present a safety hazard. ♦ The wing wall encroachments are architecturally compatible with the proposed development, do not result in bulk or massing in the front setback area and do not negatively impact adjacent properties. ♦ The variance request is required due to the configuration and location of the three lots. ♦ Because of the orientation of the homes, the variance request will not result in privacy impacts or be materially detrimental to surrounding properties. THE PUBLIC HEARING WAS OPENED. \ Steve Shepard, 15751 Rockfield Boulevard, representing the applicant, gave a brief history and description of the proposed project. He stated he wished to clarify that in Condition No. 5 the reference to "Developer" would refer to PLC as per the Development Agreement. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed Condition No. 5 as referenced by Steve Shepard. They asked staff what the triggering mechanism would be for the construction of the water storage reservoir. Staff explained that this will occur when the City purchases the land as per the Development Agreement. Staff also stated that this condition was placed on this request to assure that all parties were aware of the conditional obligations of the Developer. A MOTION WAS MADE BY TILLOTSON, SECONDED BY SPEAKER, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO.96-3 AND VARIANCE NO.96-29 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED PC Minutes - 11/26/96 7 (PCM060) FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.96-3• 1. Entitlement Plan Amendment No. 96-3 for revisions to the site plan, floor plans and elevations of Tentative Tract No. 14700/Conditional Use Permit No. 93-39/Coastal Development Permit No. 93-23, including a request to exceed maximum wall height in the front setback area on Lot Nos. 12 and 17, Tract 15081, with an eight foot high wing wall at a 12.5 foot and a 13 ft. front setback in lieu of a 15 foot setback, respectively, 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. The project does not propose any change in lot configuration, density or circulation. The proposed units are architecturally consistent with those previously approved for the project and will comply with design criteria for the entire Peninsula II area. The proposed building elevations use a combination of materials that will be aesthetically pleasing. The project will be compatible with the surrounding area. Wrought iron fencing will be used on rear property lines of the golf course lots and on the rear portion of the side property lines to maximize views. The two wing wall encroachments do not create any massing or bulk effect on the street scene due to the unit orientation. Neither wall presents a safety hazard for pedestrians or motorists. 2. The revised project will be compatible with surrounding uses which are the Seacliff Golf Course and other similarly sized detached single family residential development. The proposed wing walls will not impact adjacent properties due to the plotting of the units and lot configuration 3. The proposed revisions to the site plan, floor plans and elevations will comply with the provisions of the base district and other applicable provisions in the Holly Seacliff Specific Plan and any specific condition required for the proposed use in the district in which it would be located, except for the variance approved concurrently. The project conforms to the development standards of the Specific Plan, providing adequate on -site parking and setback areas. The encroachment of the wing walls on Lot Nos. 12 and 17, Tract 15081, is permitted with a conditional use permit, or revision thereof. 4. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low Density on the subject property. In addition, it is consistent with the General Plan of providing a mix of housing types throughout the city. PC Minutes - 11/26/96 8 (PCM060) FINDINGS FOR APPROVAL - VARIANCE NO.96-29: 1. The granting of Variance No. 96-29 for a 17 foot rear setback for Lot No. 10, Tract 15085; a 17 foot rear setback for Lot No. 15, Tract 15081; and a 17.5 foot rear setback for Lot No. 26, Tract 15081, in lieu of the code required 20 foot rear yard setback will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. There are other single family detached residential properties in the vicinity that are subject to the Huntington Beach Zoning and Subdivision Ordinance which allows for a ten foot rear yard setback and three foot encroachment for balconies. A proposed code amendment would allow a three foot balcony encroachment in the proposed development. The applicant's variance request on Lot No. 26 and the balcony on Lot No. 10 are consistent with the proposed code amendment and other developments in the city. The reduced rear yard setbacks for the dwellings on Lot Nos. 10 and 15 are not inconsistent with other single family development in the city. 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 odd shape of Lot No. 10, including the abnormally long rear property line, constrains placement of a unit on the lot. Lot No. 15 is an odd shaped corner lot which requires a greater side yard setback on the exterior side and is configured such that the depth of the lot varies by approximately 20 feet; both affect placement of the unit. Lot No. 26 is a pie -shaped lot. Its front property line varies due to the lot's location at the bulb of a cul-de-sac and the rear property line bends. These lot characteristics constrain location of the unit. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The proposed location of the units on Lot Nos. 10 and 15 results in sizable rear and side yard areas that will be beneficial to the property owners. Granting of the variance for Lot No. 26 will afford the property owners pleasing views of the golf course. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The siting of the unit on Lot No. 10 is sensitive to the location of units on the adjoining properties and results in minimal encroachment into the rear yard and an average rear yard setback that exceeds 20 feet. Lot No. 15 is separated from the unit to the rear by 39 to 46 feet which will afford both properties sufficient privacy. The balcony on Lot No. 26 faces the golf course and is in a location that would not impact the privacy of the two adjacent units due to lot configuration and unit orientation. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low Density on the subject property because it does not result in an increase in density in the project or alter the nature of the detached single family neighborhood. PC Minutes - 11/26/96 9 (PCM060) [1 CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO 96 3/ VARIANCE NO.96-29: 1. The site plan dated November 5, 1996 and floor plans and elevations received and dated October 18 and 28, 1996 shall be the conceptually approved layout. 2. The side entry garage in Plan 1 into living area shall not be converted into living area. 3. A maximum of four bedrooms or their equivalent shall be offered in Plan 2. 4. All previous conditions of approval for Tentative Tract No. 14700, Conditional Use Permit No. 93-39 and Coastal Development Permit No. 93-23 shall remain in effect. 5. All obligations of Development Agreement No. 90-1 shall be fulfilled pursuant to the Certificates of Consent approved by the City Council on May 6, 1996 and October 7, 1996, including Section 2.2.5 (h) of the Development Agreement which states: "In lieu of water system capital facilities fees, Developer shall construct, on land to be acquired by City, a nine million gallon water storage reservoir, associated booster stations, water well and transmission lines. The above shall commence within one hundred twenty (120 days) of such acquisitions and City approval of plans. Project engineering and other related pre - construction activities shall begin within one hundred eighty (180) days of the Effective date. The cost of construction to Developer shall include design and construction costs and land acquisition costs." 6. Prior to of submittal for building permits, 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). 7. Prior to issuance of grading permits, a precise grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) 8. 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 HBOC. PC Minutes - 11/26/96 10 (PCM060) INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Entitlement Plan Amendment No. 96-3Nariance No. 96-29 shall not become effective until the ten day appeal period has elapsed. 2. Entitlement Plan Amendment No. 96-3Nariance No. 96-29 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 Entitlement Plan Amendment No. 96-3Nariance No. 96-29 pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Ordinance Code or Municipal Code occurs. 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, except as noted herein. 5. 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. B-4 CONDITIONAL USE PERMIT NO.96-77 (FITZGERALD'S SPORT PUB)l APPLICANT: John Lyons LOCATION: 19171 Magnolia Street (near southwest corner of Magnolia and Garfield Avenue) PROJECT PLANNER: Lisa Mercurio Conditional Use Permit No. 96-77 represents a request to have live amplified entertainment, dancing and three (3) pool tables in conjunction with an existing restaurant. The applicant would like to provide musical groups and dancing to local residents and tourists and believes this expansion to the restaurant will attract more patrons. This site is located in a commercial area, and to the north is the K-Mart center. The closest residential area is over 200 feet away. The noise level of the live amplified entertainment and dancing proposed will not increase the sound level outside the building due to the sound system. Adequate parking is available in the center. PC Minutes - 11/26/96 11 (PCM060) STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Conditional Use Permit No. 96-77 for the following reasons: ♦ The request is to an existing restaurant that is adjacent to commercial property and separated from residential properties by an Edison right-of-way and commercial building. ♦ The request will not be detrimental to surrounding land uses and will be compatible with adjoining commercial uses. ♦ The noise level of the proposed entertainment will be controlled through a sound system. ♦ The Police Department has not received any complaints from this site during the last year. ♦ The request complies with the Zoning and Subdivision Ordinance and parking requirements. ♦ The proposed change complies with the provisions of the General Plan. THE PUBLIC HEARING WAS OPENED. John Lyons, 19171 Magnolia, applicant, stated that he was the new owner of this establishment which is now an Irish pub with entertainment. He stated he was in concurrence with staff s report and recommendations. Commissioner Kerins asked Mr. Lyons what the expected food to liquor sales percentage would be. Mr. Lyons stated that it would be 25% food. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission asked staff what the adjacent businesses were and had they been notified of this request. Staff stated that there is a nail salon, guitar rental shop, picture frame store and a dance studio in the rear. Staff said they had been notified of the public hearing. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO APPROVE CONDITIONAL USE PERMIT NO.96-77 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED PC Minutes - 11/26/96 12 (PCM060) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.96- 77• 1. Conditional Use Permit No. 96-77 for the establishment, maintenance and operation of the live entertainment, dancing and pool tables within an existing restaurant 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. This use is compatible with the zoning designation of General Commercial. 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. The conditional use permit will be compatible with surrounding uses because: a. The uses to the north are commercial. b. The closest residential use is over 200 feet away. C. The site is presently used as a restaurant and approved for the sale of beer and wine. d. The expanded use will not generate significant noise impacts. 3. The proposed Conditional Use Permit No. 96-77 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. Commercial zoning allows with approval from the Planning Commission live entertainment and dancing establishments. 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 CG (Commercial General) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan. a. Goal L U 8: Achieve a pattern of land uses that preserves, enhances, and establishes a distinct identity for the City's neighborhoods, corridors, and centers. b. Goal L U 10: Achieve the development of a range of commercial use. c. Objective L U 10.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of the local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. PC Minutes - 11/26/96 13 (PCM060) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.96-77: 1. The site plan, floor plans and elevations received and dated October 1, 1996 shall be the conceptually approved layout. 2. The use shall comply with the following: a. All conditions of the Alcoholic Beverage License. b. All conditions of the Entertainment Permit. c. No patron parking on the south side (rear) of the building shall be permitted. (PD) 3. 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. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. Application for Fire Department permits shall include a layout and circulation plan shall be approved by the Fire Department. (FD) 4. Prior to use of the dance floor and stage area the following shall be completed: a. Obtain a New Certificate of Occupancy and Business License reflecting the expanded use of the restaurant/pub. b. 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) Conditional Use Permit No. 96-77 supersedes Use Permit No. 85-80 and Conditional Use Permit No. 86-16. 6. 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. PC Minutes - 11/26/96 14 (PCM060) INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Conditional Use Permit No. 96-77 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 96-77 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. 96-77, 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. The development shall comply with all applicable provisions of the Huntington Beach Zoning Subdivision Ordinance, Building Division, Fire Department, and the Huntington Beach Municipal Code, including Chapter 8.40, Noise Control 5. 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. B-5 CONDITIONAL USE PERMIT NO.96-86 (24 HOUR FITNESS): APPLICANT: Don Fishbeck LOCATION: 303 Third Street (west side of Third Street, north of Olive Avenue) PROJECT PLANNER: Susan Pierce Conditional Use Permit No. 96-86 represents a request to permit a 560 square foot second floor interior addition to a 13,200 square foot -health club facility and to permit participation in the In - Lieu Parking Fee Program for three parking spaces. The proposed addition will allow an area for additional exercise equipment. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 96-86 for the following reasons: • The addition does not constitute a substantial change to the approved project. • The interior modification will not be visible from the outside of the building. e The use of the property will remain the same. PC Minutes - 11/26/96 15 (PCM060) r� Additional parking spaces required by the addition will be satisfied by payment of in -lieu parking fees. • A letter of intent to pay in -lieu parking fees and allow posting of a lien on the property to guarantee payment has been received from the property owner. THE PUBLIC HEARING WAS OPENED. Don Fischbeck, 6 Donia, Laguna Niguel, applicant, gave a history and description of the project and stated he was in concurrence with staff s report and recommendations. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY BIDDLE, SECONDED BY HOLDEN, TO APPROVE CONDITIONAL USE PERMIT NO.96-86 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO.96- 86: 1. Conditional Use Permit No. 96-86 for the establishment, maintenance and operation of a 560 square foot addition to an existing 13,200 square foot building and participation in the in -lieu parking fee program for three (3) spaces will not be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. The interior modification does not constitute a substantial change to the approved project and will not be visible from the outside of the building. There are sufficient parking spaces in the vicinity to serve the health club and the additional parking spaces required by the addition will be satisfied by payment of in -lieu parking fees and a lien recorded on the property to guarantee the annual payments. 2. Conditional Use Permit No. 96- 86 will be compatible with surrounding uses because the use of the property will remain the same as originally approved. PC Minutes - 11/26/96 16 (PCM060) 3. The granting of the conditional use permit for establishment, maintenance and operation of a 560 square foot addition to an existing 13,200 square foot building will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use on the subject property and the following goal to achieve development of projects that enable residents to live in proximity of their jobs, commercial services, and entertainment, and reduce the need for automobile use. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.96-86: 1. The floor plans received and dated September 23, 1996, shall be the conceptually approved layout. 2. Prior to submittal for a building permit for the addition, the floor plans shall depict exiting in conformance with building code requirements and disabled access in conformance with Title 24 of the California Administrative Code. 3. The property owner shall pay full cost recovery for each parking space. 4. Prior to issuance of a building permit for the addition, the following shall be completed: a. The property owner shall submit a Declaration of Covenants, Conditions and Restrictions, for payment of In -Lieu Parking Fees and Stipulation of Lien, for review and approval as to form by the Department of Community Development and City Attorney. When approved, the Declaration shall be recorded in the Office of the Orange County Recorder and a copy of the recorded Declaration submitted to the Department of Community Development. b. The property owner shall submit the first annual installment for the three required parking spaces. c. Submit a Parking Management Plan for review and approval by the Department of Community Development. Said plan shall be consistent with the Downtown Parking Master Plan and shall address parking for members and employees, use of public transpiration, hours of operation, and other features that reduce the need for additional parking facilities and reduce the number of vehicle trips to the health club and vicinity. Said plan shall be approved prior to Certificate of Occupancy. All conditions of Conditional Use Permit No. 91-57 and Coastal Development Permit No. 92-2 shall be applicable except Condition Nos. 4d and 4f which are no longer required by Public Works. PC Minutes - 11/26/96 17 (PCM060) 1 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 building permit inspection or Certificate of Occupancy. (PW) 3. A Certificate of Occupancy shall be issued by the Department of Community Development for the building. 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. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. 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. 7. The Planning Commission reserves the right to revoke Conditional Use Permit No. 96-86, Conditional Use Permit No. 91-57, and Coastal Development Permit No. 92-2, pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 8. Conditional Use Permit No. 96-86 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-6 ZONING TEXT AMENDMENT NO.95-6 (SIGN CODE REWRITE) (CONTINUED FROM THE AUGUST OCTOBER 22,1996, PLANNING COMMISSION MEETING APPLICANT: City of Huntington Beach LOCATION: City-wide. PROJECT PLANNER: Wayne Carvalho PC Minutes - 11/26/96 18 (PCM060) 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 continuing to incorporate the changes recommended by the Planning Commission following straw vote actions. The Planning Commission's recommended changes will be noted as revisions to the subcommittee's original recommendation. The modifications recommended by Commissioner Kerins and approved by Planning Commission straw vote action have been incorporated into the Legislative Draft. They are denoted with asterisks in the left column. The following matrices reflect the additional modifications recommended by Commissioners Livengood and Speaker, and staff. I. COMMISSIONER LIVENGOOD: A. LEGISLATIVE DRAFT PG. 7 Delete the limitation of maximum three (3) words, as the Commercial Freestanding maximum sign area and minimum letter height will dictate Signs, No. 2 the amount of sign copy. B. LEGISLATIVE DRAFT PG. Delete requirement that a sign be removed if damaged or 20 destroyed more than 50% of the sign value. Nonconforming Signs, Continuation of Use A.5 C. LEGISLATIVE DRAFT PG. Modify definition of awning/canopy sign area to be 22 calculated for copy area only, regardless if the entire awning Definition D. 3 Area of Sign is illuminated. PC Minutes - 11/26/96 19 (PCM060) 1 II. COMMISSIONER SPEAKER: A. LEGISLATIVE DRAFT PG. 3 Establish expiration dates for Limited Sign Permits based on D. Limited Sign Permit the value of the sign: Signs valued up to $2000 - one year Signs valued between $2000-$5000 - two years Signs valued over $5000 - three years III. STAFF: A. LEGISLATIVE DRAFT PG. Exempt Political Signs on private property which do not pose 11 a traffic or safety hazard, and have been granted permission M. Political Signs of the property owner for display. B. LEGISLATIVE DRAFT PG. Remove exception for political signs in public right-of-way; 13 Prohibiting political signs in the public right of way (i.e. M. Political Signs utility poles, tract perimeter fencing). C. LEGISLATIVE DRAFT PG. Provide exception to allow a change of a sign face only 20 following an Act of God, or request to upgrade/improve the A. 3. Nonconforming Signs appearance of the sign, provided the items of information on the sign face remain the same. Change of business would require compliance with the code in effect at the time. D. LEGISLATIVE DRAFT PG. Provide exception for larger commercial centers (i.e. 50,000+ 19 s.f.) or multiple car dealerships to exceed wall signage up to B. Planned Sign Program 30% by Planned Sign Program E. LEGISLATIVE DRAFT PG. 6 Allow multi -business wall signs provided the total sign area A. 2. Commercial Wall Signs does not exceed the allowable sign area (1.5 s.f./linear ft.+ 15% bonus for channel letters). F. LEGISLATIVE DRAFT PG. 6 Allow maximum 200 s.f. per wall for businesses with A. 2. Commercial Wall Signs 50,000+ s.f. STAFF RECOMMENDATION: Staff recommends the Planning Commission take straw votes on the suggested amendments and continue the public hearing to the December 10, 1996, Planning Commission meeting. PC Minutes - 11/26/96 20 (PCM060) A MOTION WAS MADE BY BIDDLE, SECONDED BY SPEAKER, TO ACCEPT THE STRAW VOTES TAKEN AND CONTINUE ZONING TEXT AMENDMENT NO.95-6 TO THE DECEMBER 10,1996, PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Holden, Biddle, Gorman, Tillotson, Speaker NOES: Kerins ABSENT: Livengood ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED NOVEMBER 12 1996 A MOTION WAS MADE BY GORMAN, SECONDED BY TILLOTSON, TO APPROVE PLANNING COMMISSION MINUTES DATED NOVEMBER 12,1996, BY THE FOLLOWING VOTE: AYES: Holden, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMSANQUIRIES Commissioner Kerins - questioned staff about the unfinished upper story wall on the Huntington Beach Beer Company building on Main Street. Staff explained that the wall was built on a zero (0) property line, and may not have been drawn in on the building elevations, therefore, not addressed during the review process. Commissioner Biddle - asked staff about the annual Christmas Party. Staff stated that December 10, 1996, Planning Commission meeting had several public hearing items and asked the Commission if they would prefer to have the party on a different date. The Commission agreed on December 12, 1996. PC Minutes - 11/26/96 21 (PCM060) 1 F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING There were no Community Development items on the last City Council Agenda. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner - reviewed the items for the December 10, 1996, Planning Commission meeting. G. ADJOURNMENT -Adjourn to the December 10,1996, Planning Commission meeting. A MOTION WAS MADE BY BIDDLE, SECONDED BY TILLOTSON, TO ADJOURN TO A 5:30 PM STUDY SESSION ON DECEMBER 10,1996, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Holden, Kerins, Biddle, Gorman, Tillotson, Speaker NOES: None ABSENT: Livengood ABSTAIN: None MOTION PASSED /kj 1 VED BY: , Secretary PC Minutes - 11/26/96 Planning Commission Chairp son 22 (PCM060)