HomeMy WebLinkAbout1997-09-231
MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, SEPTEMBER 23,1997
STUDY SESSION - 5:30 PM
CODE AMENDMENT PRIORITY LIST - Scott Hess
PLANNING COMMISSION STAFF REPORTS - Scott Hess
AGENDA REVIEW - Scott Hess
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
P P A P P P P
ROLL CALL: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker
AGENDA APPROVAL
Anyone wishing to speak must fill out and submit a form to speak. No action can be taken by the Planning Commission on
this date, 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 COMMUNICA TIONS. Speakers on items scheduled for PUBLIC HEARING will be invited
to speak during the public hearing. (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS)
A. ORAL COMMUNICATIONS
NONE
B. PUBLIC HEARING ITEMS
B-1 SPECIAL SIGN PERMIT NO.97-5 (APPEAL) (TALBERT AUTO CENTER):
APPLICANT: Don Donikowski
APPELLANT: Planning Commissioner Ed Kerins
LOCATION: 7680 Talbert Avenue (southwest corner at Kovacs)
PROJECT
PLANNER: Wayne Carvalho
Transmitted for Planning Commission review is an appeal filed by Planning Commissioner Ed
Kerins, of the Zoning Administrator's conditional approval of Special Sign Permit No. 97-5, for
the installation of two freestanding multi -tenant monument signs to identify businesses in the
Talbert Auto Center. The approved signs were conditioned to be designed with a sign cap,
minimum panel and letter heights, and with a specific number of lines of sign copy for each sign.
The appellant indicates that the sign code does not allow internally illuminated industrial signs,
and that the sign should be designed with an opaque background (Bonus sign) as recommended
by the Design Review Board.
STAFF RECOMMENDATION:
Staff recommends the Planning Commission approve Special Sign Permit No. 97-5 as approved
by the Zoning Administrator for the following reasons:
♦ The new signs are compatible with other freestanding signs in the area.
♦ The internally illuminated sign design will enhance the appearance of the sign during
nighttime hours.
♦ The signs will provide the necessary business identification to motorists traveling on Talbert
Avenue.
♦ The new signs will not adversely affect other signs in the area, nor be detrimental to other
properties located in the vicinity.
♦ The new monument signs will not obstruct traffic vision and will not be a hazardous .
distraction as the signs will meet the minimum site angle requirement.
APPELLANT RECOMMENDATION:
The appellant recommends the Planning Commission approve Special Sign Permit No. 97-5
with the following additional requirements:
♦ The monument signs shall be externally illuminated instead of internally illuminated.
♦ The sign panels shall be designed with opaque backgrounds.
THE PUBLIC HEARING WAS OPENED.
Don Danikowsk, 1560 A S. Anaheim, Santa Ana, applicant, opposed the recommendation to
design the sign with an opaque background stating that the sign was designed with black letters
and a white background. He stated that it would be difficult to contrast an opaque background
with black letters. He also indicated that a restriction on the number of lines of copy and letter
height could affect the proper identification for some of the tenants, explaining that a full business
name may not be permitted if such a condition was imposed.
Commissioner Kerins asked staff if they agree with the statements made by the applicant regarding
the visual aspects of the sign if an opaque background were incorporated. Staff stated that they
agreed.
PC Minutes - 9/23/97 2 (97PCM923)
THERE WERE NO OTHER PERSONS PRESENT TO'SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Commissioner Ed Kerins stated that he filed the appeal citing the Zoning Administrator's action
did not incorporate all of the recommendations forwarded by the Design Review Board. The
Board's recommendation included designing the sign as a bonus sign (panels with opaque
backgrounds). In addition, Commissioner Kerins indicates that internally illuminated signs and
multi tenant signs are not permitted in Industrial Districts under the current code.
The Commission asked staff if there are currently any multi -tenant signs in the industrial area.
Staff stated that there was. Staff also stated that the appeal was for internal illumination of the sign
and the opaque background not the multi -tenant panel issue, and asked the Commission if the
applicant could respond. Commissioner Kerins stated that he could not because the public hearing
was closed..
A MOTION WAS MADE BY KERINS, SECONDED BY INGLEE, TO OVERTURN THE
ZONING ADMINISTRATOR'S ACTION AND APPROVE SPECIAL SIGN PERMIT NO.
97-5 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE
FOLLOWING VOTE:
AYES:
Chapman, Kerins, Biddle, Speaker
NOES:
ABSENT:
Inglee, Tillotson
Livengood
ABSTAIN:
None
MOTION PASSED
FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO.97-5:
1. Special Sign Permit No. 97-5 for one (1) seven (7) foot high, 50 square foot center
identification sign on Talbert Avenue and one four (4) foot high, 18 square foot center
identification sign on Kovacs Avenue 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 applicant's property is situated in such a way that it has a Talbert Avenue
address, but a Kovacs Lane entrance. Thus, there is little visibility to vehicular traffic on
Talbert Avenue for the auto center, and the signage is necessary for adequate center
identification.
2. The proposed signage will not adversely affect other signs in the area because they will not
block other signs, and they are similar to other monument signs in the area. The lot frontage
on Talbert Avenue is relatively wide and the proposed monument sign is somewhat centrally
located with adequate separation from other signs in the area.
PC Minutes - 9/23/97 3 (97PCM923)
3. The proposed signage will not be detrimental to properties located in the vicinity. The
signage is compatible with other signs in the area in regards to height, color, and materials.
The proposed sign conforms with the height and square footage criteria in the sign code.
4. The proposed signage will not obstruct -vehicular or pedestrian traffic visibility and will not
be a hazardous distraction. The proposed sign will be designed and located away from the
line of traffic and will meet the intent of the site angle visibility area at driveway and corner
cut-off locations.
CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO.97-5:
1. The site plan received and dated July 9, 1997 and site elevations received and dated July 30,
1997 shall be the approved layout with the following modifications:
a. No multi tenant panels shall be permitted.
b. The monument sign on Talbert Avenue shall be designed with an opaque background
panel identifying either the Auto Center or major business. Minimum letter height shall
be six (6) inches. The Talbert sign shall not exceed eight (8) feet measured from the
lowest visible monument base (where the difference between the adjacent sidewalk and
the lowest visible monument base does not exceed two (2) feet).
c. One monument sign shall be permitted on Kovacs Lane. The Kovacs sign shall be
designed with an opaque background panel identifying either the Auto Center or major
business (same as copy on Talbert sign). Minimum letter height shall be six (6) inches.
d. Both monument signs shall have a ten (10) to 12 inch wide sign cap similar in design,
shape and size to the sign frame (sides). The height measurement shall be exclusive of
the sign cap.
2. All signs shall be consistent with Planned Sign Program No. 94-4.
3. All signs shall be located outside of the line of sight triangle defined in the sign code.
4. The freestanding non conforming business identification signs and banners on both Talbert
Avenue and Kovacs Lane shall be removed.
5. Prior to submittal for building permits for any of the signs, zoning entitlement conditions of
approval shall be printed verbatim on the cover sheet of all plans submitted for plan check.
6. Building permits shall be obtained for all signs.
PC Minutes - 9/23/97 4 (97PCM923)
7. The Planning Commission reserves `the right to 'resciri'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.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Special Sign Permit No. 97-5 shall not become effective until the ten day appeal period has
elapsed.
2. Special Sign Permit No. 97-5 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 Special Sign Permit No. 97-5,
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 Municipal Code,
Building Division, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
S. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
6. The freestanding signs shall include the building address.
B-2 CONDITIONAL USE PERMIT NO.97-27 (HUNTINGTON BEACH BAPTIST
CHURCH):
APPLICANT: Malkoff & Associates
LOCATION: 8121 Ellis Avenue (northside of Ellis Avenue between Beach Boulevard
and Newland Street)
PROJECT
PLANNER: Amy Wolfe
PC Minutes - 9/23/97 5 (97PCM923)
Conditional Use Permit No. 97-27 represents a request by Malkoff and Associates, on behalf of
the Huntington Beach Baptist Church, to upgrade the existing religious facilities at 8121 Ellis
Avenue. The development proposal involves construction of a new 430 seat, two story
sanctuary and extensive landscaping and parking improvements. The applicant does not propose
any modifications to the existing church and ministries operations. The proposed new sanctuary
is in substantial conformance with the previously approved conceptual master plan for the
ultimate development of the project site which included construction of a 396 seat sanctuary.
The site is located on the north side of Ellis Avenue, between Beach Boulevard and Newland
Street. The property adjoins residential uses along all sides and is zoned and designated in the
General Plan for residential uses. Staff has evaluated the project with regard to general
planning/land use compatibility issues and determined that the subject request will implement
General Plan land use goals and will be compatible with the character of adjacent residential
uses.
STAFF RECOMMENDATION:
Staff recommends approval of Conditional Use Permit No. 97-27 for the following reasons:
The proposed project shall be consistent with the goals and objectives of the City's General
Plan which encourage the inclusion of compatible institutional uses within residential areas.
The subject religious facility will fulfill numerous social, religious and community needs of
existing and future Huntington Beach residents.
The subject development proposal shall be in compliance with the RM (Medium Density
Residential) zoning district regulations inclusive of landscape and off-street parking
standards and City policies relating to site planning and architectural design considerations.
Substantial architectural off -sets and building articulation shall be provided on building
elevations visible from public rights -of -way. Landscaping and parking on -site improvements
will markedly exceed minimum HBZSO requirements.
The project's scale, design and character shall be compatible with existing residential
development in the immediate vicinity. The building shall incorporate building materials and
architectural design elements in -keeping with the residential context of the area. Recesses,
overhangs, reveals and fenestration on the new sanctuary shall articulate and segment the
building massing. The project shall convey a high quality visual image and character.
THE PUBLIC HEARING WAS OPENED.
Dr. Gerald W. Squyres, 8121 Ellis Avenue, Huntington Beach Baptist Church Pastor, 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.
PC Minutes - 9/23/97 6 (97PCM923)
A MOTION WAS MADE BY BIDDLE, SECONDED BY SPEAKER, TO APPROVE
CONDITIONAL USE PERMIT NO.97-27 WITH FINDINGS AND CONDITIONS OF
APPROVAL, BY THE FOLLOWING VOTE:
AYES: Inglee, Chapman, Kerins, Biddle, Tillotson, Speaker
NOES: None
ABSENT: Livengood
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-27:
1. Conditional Use Permit No. 97-27 for the construction maintenance and operation of an
8,766 sq. ft sanctuary and expansion of on -site parking and landscaping, 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 subject
religious facility will fulfill numerous social and community needs of existing and future
residents of Huntington Beach. The project's scale design and intensity will be compatible
with adjacent residential uses and will convey quality visual characteristics.
2. The conditional use permit will be compatible with surrounding uses. The building massing
and architectural treatment in conjunction with landscaping and on -site circulation and
parking improvements will improve the appearance of the development and its surroundings.
3. The proposed 8,766 sq. ft. sanctuary expansion 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 proposed plan provides setbacks, parking and landscaping
in excess of the minimum development requirements applicable to the RM (Medium Density
Residential) zoning district.
4. The granting of the conditional use permit will not adversely affect the General Plan. The
subject proposal is consistent with the Land Use Element designation of RM (Residential
Medium Density) on the subject property. In addition, it is consistent with land use goals,
objectives and policies of the General Plan which encourage the inclusion of compatible
institutional uses within residential areas and design and development of such uses in a
manner which conveys high quality visual and physical scale and character in -keeping with
that of residential structures.
PC Minutes - 9/23/97 7 (97PCM923)
5. The project will not have any significant effect on the environment and is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of
the CEQA Guidelines, because the proposed project involves an expansion of less than
10,000 sq. ft.; it is located within an area where public services and facilities are available to
allow for development permissible in the General Plan and it is not located within an
environmentally sensitive area.
CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO.97-27
The site plan, floor plans and elevations received and dated September 5, 1997 shall be the
conceptually approved layout with the following modifications:
a. Elevations shall depict final architectural details, colors and building materials as
approved by the Director of Community Development
b. Decorative paving (stamped concrete or equivalent) shall be provided at the Ellis Avenue
driveway entrance.
c. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. (Code Requirement)
d. Depict all utility apparatus, such as but not limited to back flow devices and Edison
transformers on the site plan. Utility meters shall be screened from view from public
rights -of -way. Electric transformers in a required front or street side yard shall be
enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the
front yard setback and shall be screened from view. (Code Requirement)
e. All exterior mechanical equipment shall be screened from view on all sides. Rooftop
mechanical equipment shall be setback 15 feet from the exterior edges of the building.
Equipment to be screened includes, but is not limited to, heating, air conditioning,
refrigeration equipment, plumbing lines, ductwork and transformers. 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 showing screening must be submitted for review and approval with the application
for building permit(s). (Code Requirement)
f. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox
facilities and similar items on the site plan and elevations. If located on a building, they
shall be architecturally designed into the building to appear as part of the building. They
shall be architecturally compatible with the building and non -obtrusive, not interfere with
sidewalk areas and comply with required setbacks.
g. Outdoor lighting fixtures shall utilize energy saving lamps. All exterior lighting shall be
directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan
and elevations.
PC Minutes - 9/23/97 8 (97PCM923)
2. Prior to 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).
3. Prior to issuance of grading permits, a "Water Quality Management Plan" shall be prepared
by a Civil Engineer or Environmental Engineer in accordance with NPDS requirements.
(PW)
4. Prior to issuance of building permits, the following shall be completed:
a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No.
1 for review and approval and inclusion in the entitlement file to the Department of
Community Development.
b. All Fire Department requirements shall be noted on the building permit plans as follows:
1) Automatic sprinkler systems will be installed throughout to comply with Huntington
Beach Fire Department and Uniform Building Code Standards. Shop drawings will
be submitted to and approved by the Fire Department prior to installation. (FD)
2) A fire alarm system will be installed to comply Huntington Beach Fire Department
and Uniform Building Code Standards. Shop drawings will be submitted to and
approved by the Fire Department prior to installation. The system will provide the
following: water flow, valve tamper and trouble detection / smoke detectors / audible
alarms / voice communication. (FD)
3) Fire extinguishers will be installed and located in areas to comply with Huntington
Beach Fire Code Standards. (FD)
4) Fire lanes shall be designated and posted to comply with City Specification #415.
(FD)
5) Address numbers shall be installed to comply with City Specification 9428. The size
of the building address numbers will be sized a minimum of six (6) inches with a
brush stroke of one and one-half (1-1/2) inches. (FD)
6) 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 inclusive. (FD)
7) The project will comply with all provisions of Huntington Beach Municipal Code
Title 17.14.085 and City Specification 4429 for new construction within the methane
gas overlay districts. (FD)
PC Minutes - 9/23/97 9 (97PCM923)
c. A Landscape Construction Set must be submitted to the Department of Public Works and
approved by the Departments of Public Works and Community Development. The
Landscape Construction Set shall include a landscape plan prepared and signed by a State
Licensed Landscape Architect which identifies the location, type, size and quantity of all
existing plant materials to remain, existing plant materials to be removed and proposed
plant materials; 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 232 of the Zoning and
Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that
must be removed shall be replaced at a two to one ratio (2:1) with minimum 36 inch box
trees and shall be incorporated into the projecVs landscape plan.. (PW) (Code
Requirement)
d. A grading plan, prepared by a Registered Civil Engineer, shall be submitted for review
and approval. (This plan in addition to grading, shall include all of the required off -site
improvements). (PW)
e. 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 for grading, chemical and fill properties, foundations, retaining walls,
streets, and utilities. (PW)
f. The developer shall submit a composite utility plan, showing water system improvements
and all other underground utilities (existing and proposed) to each proposed structure.
The plan shall include driveway locations and identify irrigation areas, including service
connections for water and sewer to each building, public and private fire hydrants, valves,
and other appurtenances in accordance with applicable Uniform Plumbing Code, City
Ordinances, Public Works Standards and Water Division Design Criteria. (PW)
g. Hydrology and hydraulic studies shall be submitted for review and approval to the
Department of Public Works. (PW)
h. Submit gated entryway (access control devices) plans to the Department of Community
Development. The La Palma gated entryway shall comply with Fire Department
Standard No. 403. Prior to the installation of any gates, such plan shall be reviewed and
approved by the Community Development, Fire and Public Works Departments.
5. 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;
PC Minutes - 9/23/97 10 (97PCM923)
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.
6. Prior to issuance of certificate of occupancy:
a. The developer shall obtain the necessary permits from the South Coast Air Quality
Management District and submit a copy to Department of Community Development.
b. Existing perimeter masonry walls shall be repaired and painted to match the color palette
of the proposed building.
c. All improvements to the property shall be completed in accordance with the approved
plans and conditions of approval specified herein, landscaping inclusive.
d. The developer shall abandon the existing water meter and service and shall install a new
2" water meter and service (in the event the existing water meter and service are not
located in the proper location). (PW )
e. The developer shall remove the existing driveway on Ellis Avenue and shall replace with
a radius type per Public Works Standards.(PW)
f. The developer shall remove the existing tree well on La Palma Avenue. (PW )
g. The developer shall remove the existing chain link fence and gates at driveway locations
along La Palma Avenue. (PW )
h. Drainage flows from adjacent properties shall not be obstructed. On -site drainage shall
not be directed to adjacent properties. Flows shall be accommodated per Public Works
Department requirements. (PW )
i. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Community Development Department.
j. 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.
k. The project will comply will all provisions of Huntington Beach Municipal Code Title
17.04.085 and City Specification No. 421 for new construction within the methane gas
overlay districts. (FD)
PC Minutes - 9/23/97 11 (97PCM923)
7. Days and hours of operation for primary church activities shall be as specified in the project
proposal /activity matrix section of the staff report. All other activities shall be subject to
HBZSO requirements.
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 HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
Conditional Use Permit No. 97-27 shall not become effective until the ten day appeal period
has elapsed.
2. Conditional Use Permit No. 97-27 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. 97-27,
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. All applicable Public Works fees shall be paid. (PW)
5. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate
of Occupancy. (PW)
6. An encroachment permit shall be required for all work within the right-of-way. (PW)
7. A Certificate of Occupancy must be issued by the Department of Community Development
prior to occupying the building.
8. State -mandated school impact fees shall be paid prior to issuance of building permits.
9. 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, inclusive of standard landscaping requirements, except as
noted herein.
PC Minutes - 9/23/97 12 (97PCM923)
1
N
10. Development shall meet all local arid State regulations regarding installation and operation
of all underground storage tanks. (FD)
11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
12. 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.
13. 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-3 CONDITIONAL USE PERMIT NO.96-64/COASTAL DEVELOPMENT PERMIT
NO.96-15 (CONVENIENCE MARKET WITH GAS SALES):
APPLICANT: Makena Resources, c/o Don Robertson
LOCATION: 2200 Pacific Coast Highway (inland side of Pacific Coast Highway,
. between 22°a Street and Golden West Street)
PROJECT
PLANNER: Susan Pierce
Conditional Use Permit No. 96-64 and Coastal Development Permit No. 96-15 represent a
request to permit construction of a 3,000 square foot convenience market with beer and wine
sales and a 3,024 square foot canopy covering three self -serve gas islands with 6 dual sided
pumps. Special permits are requested to allow vehicle access directly from Pacific Coast
Highway and Goldenwest Street and to allow a zero rear yard setback. The conditional use
permit also includes a request to permit an 8-foot high separation wall along the entire rear
property line between Goldenwest Street and Twenty-second Street.
PC Minutes - 9/23/97
13
(97PCM923)
STAFF RECOMMENDATION:
Staff recommends approval of Negative Declaration No. 96-9, Conditional Use Permit No. 96-64
with Special Permits and Coastal Development Permit No. 96-15 for the following reasons:
♦ The proposed use will be compatible with the Mixed Use Vertical land use designation of the
General Plan and surrounding land uses.
♦ A fire and life safety spill mitigation plan is incorporated into the project to mitigate hazards
and to minimize water contamination.
♦ Sufficient on -site circulation is provided between the parking area and the pump islands.
♦ The proposed architectural design of the structures and landscaping enhance the site.
♦ More than three times the required landscaping will be provided.
♦ 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.
♦ Coastal view opportunities for adjacent properties are provided.
♦ The proposed building provides a buffer between the vehicular activity and the adjacent
residential uses.
♦ An oil well and subdivisionibillboard signs will be removed.
♦ A right turn lane and two fire hydrants will be installed.
The Commission expressed concern about traffic circulation and discussed with staff the various
traffic patterns available to vehicles and pedestrians.
THE PUBLIC HEARING WAS OPENED.
Mike Adams, 19771 Sea Canyon, representing applicant, stated that the 1980's Downtown
Specific Plan supported the need for commercial nodes away from the downtown core. He stated
the downtown core does not provide for convenience commercial and a demand for this type of
commercial use does exist in the area. Mr. Adams stated that during the General Plan rewrite
this commercial node was discussed and it was felt the need still existed. He also stated that the
California Coastal Commission had reviewed who would use the resources of this area and they
found that it would be the beach goers who would need commercial services.
John Dilauro, 3347 Michelson Drive, #490, Irvine, architect for the project, gave a brief report on
the design of the proposed project and stated that it complies with the district's requirements.
James Kawamura, 3347 Michelson Drive, #490, Irvine, representing applicant, discussed the
traffic circulation stating that they had worked with a civil traffic engineer to develop a strategy
minimizing the points of conflict for intersecting traffic.
Jim Hunt, PO Box 291, Solvang, representing applicant, stated that all fire code requirements
had been mitigated for the site.
PC Minutes - 9/23/97 14 (97PCM923)
Dean O. Gregg, 19732 Rumford Lane, representing applicant, gave a brief history of the
proposed project and the project site. He stated that they have incorporated all of the City's
suggestions but will continue to work with the surrounding homeowners, staff and the
Commission to achieve a compromise on the project. Mr. Gregg stated that all safety and
environmental issues had been mitigated for the proposed site.
Ronald Davis, 631 Frankfort, spoke in support of the request stating this project will bring sales
tax revenue to the City's General Fund.
Charles Wolter, 206 Goldenwest Street, spoke in opposition to the request stating his concern
with the convenience market being too large, the site on an infill lot, traffic and noise intrusion
into the surrounding residential neighborhood, and traffic and pedestrian safety.
Joan Templeton, 7291 Mast Drive, spoke in opposition to a commercial use at this location. Ms.
Templeton stated she would prefer the area to be residential, but if it is to be commercial, certain
restrictions should be considered. The alley should not be open to the public, the operation
should be restricted to close at 10:00 PM, no alcohol should be sold at the convenience market
and Walnut Avenue and 22nd Street traffic should be restricted to one-way traffic.
Eileen Murphy, 201-21st Street, spoke in opposition to the request concerned that delivery trucks
will intrude on neighborhood streets.
Charles Morrow, 212-21 st Street, spoke in opposition to the request concerned with traffic
circulation and alcohol sales and its effect on the surrounding neighborhood.
Calvin Jones, 202 Goldenwest Street, spoke in opposition to the request concerned with traffic
circulation, pedestrian safety and excessive litter from the convenience market.
John Libby, 605-16th Street, spoke in opposition to the request citing the same reasons as the
previous speakers.
Michael Crose, 224-22nd Street, spoke in opposition to the request stating concern about the sale
of alcohol at the convenience market.
Ryan Gaglio, 304-19th Street, spoke in opposition to the request concerned with the dangers to
the pedestrian traffic and the environment.
Michelle Gillette, spoke in opposition to the request concerned with a use selling alcohol and its
24 hour operation adjacent to a residential neighborhood.
John Goodnight, 222 Goldenwest Street, spoke in opposition to the request stating that the
mitigation of traffic and environment issues only lessens the impacts not eliminate them.
Jim Martin, 7542 Taylor Lane, submitted a handout to the Commission and spoke in opposition
to the proposed request.
PC Minutes - 9/23/97 15 (97PCM923)
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Planning Commission was concerned with the sale of alcoholic beverages and agreed that
the proposed use with alcoholic beverage sales seemed inconsistent with the non-alcoholic
beverage consumption restriction on the beach across Pacific Coast Highway. The alcoholic
beverage sales could increase noise and create problems.
The Planning Commission requested the Traffic Engineering representative to explain a series of
possible traffic movements to, from and around the subject site. These movements included the
possibility of making U-turns at the intersection, access to the site, and possible intrusion into the
residential neighborhood. The U-turn movements described would not violate any traffic law;
access to the site would be available during periods of time that the fuel tanker deliveries occur;
and alternative routes to the site were offered. He also responded to comments on pedestrian
safety and stated that crosswalks were provided at safe areas across Goldenwest and Pacific
Coast Highway.
A MOTION WAS MADE BY BIDDLE, SECONDED BY SPEAKER TO DENY
NEGATIVE DECLARATION NO.96-9 WITH FINDINGS, BY THE FOLLOWING
VOTE:
AYES: Chapman, Kerins, Biddle, Tillotson, Speaker
NOES: Inglee
ABSENT: Livengood
ABSTAIN: None
MOTION PASSED
A MOTION WAS MADE BY BIDDLE SECONDED BY SPEAKER TO DENY
CONDITIONAL USE PERMIT WITH SPECIAL PERMITS AND COASTAL
DEVELOPMENT PERMIT NO.96-15 WITH FINDINGS FOR DENIAL, BY THE
FOLLOWING VOTE:
AYES: Chapman, Kerins, Biddle, Tillotson, Speaker
NOES: Inglee
ABSENT: Livengood
ABSTAIN: None
MOTION PASSED
L
PC Minutes - 9/23/97 116 (97PCM923)
FINDINGS FOR DENIAL - NEGATIVE DECLARATION NO.96-9
1. The Negative Declaration No. 96-9 has been prepared in compliance with Article 6 of the
California Environmental Quality Act (CEQA) Guidelines. It was advertised and available
for a public comment period of thirty (30) days. Comments received during the comment
period were considered by the Planning Commission prior to action on the Negative
Declaration and Conditional Use Permit No. 96-64 Coastal Development Permit No. 96-15.
2. There is evidence in light of the whole record before the Planning Commission that the
project cannot be mitigated to eliminate impact on surrounding residential properties and,
therefore, will have a significant effect on the environment.
FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO.96- 64:
1. Conditional Use Permit No. 96-64 for the establishment, maintenance and operation of the
3,024 sq. ft. convenience market with beer and wine sales and gas pump islands, and an eight
foot high block wall along the rear property line will 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.
a. Hazards associated with the storage and dispensing of motor fuel threaten the safety of
the surrounding neighborhood and increase the possibility of water contamination.
b. Noise from traffic generated by the proposed use and customer activity on the site will
negatively impact the surrounding residential development.
c. Delivery trucks and customer vehicles may intrude into the residential neighborhood to
avoid a circuitous movement to and from the site via Goldenwest Street and Pacific Coast
Highway.
d. Alcoholic beverage sales may increase litter, noise, and loitering within the surrounding
neighborhood and may encourage consumption of alcoholic beverages at the beach where
such use is prohibited.
2. The conditional use permit will not be compatible with surrounding uses for the following
reasons:
a. The proposed convenience market with gas sales generates additional traffic in the
neighborhood and jeopardizes pedestrian safety.
b. The proposed hours of operation introduce new noise impacts on adjacent residential uses
on a 24-hour basis.
PC Minutes - 9/23/97 17 (97PCM923)
c. The applicant has not demonstrated proof that the existing oil well will be removed, and
the possible hazard that may be created by the use on a site with capped oil wells and an
active oil well.
3. The granting of the conditional use permit will adversely affect the General Plan. It is not
consistent with the following goals and policies of the General Plan:
a. Ensure adequate protection from fire and medical emergencies for Huntington Beach
residents and property owners. (Goal PF 2)
b. Ensure that existing and new development does not degrade the City's surface waters and
groundwater basins. (Objective U 1.2)
c. Require design features, operating procedures, preventative maintenance, operator
training, and emergency response planning to prevent the release of toxic pollutants for
applicable uses. in all business parks, industrial parks, and industrial designated areas.
(Policy AQ 1.9.2)
d. Prevent and mitigate the adverse impacts of excessive noise exposure on the residents,
employees, visitors, and noise sensitive uses of Huntington Beach. (Objective N 1.2)
e. Minimize noise spillover or encroachment from commercial and industrial land uses into
adjoining residential neighborhoods or "noise -sensitive" uses. (Policy N 1.4)
f. Reduce, to the greatest degree possible, the potential for harm to life, property and the
environment from hazardous materials and hazardous waste. (Goal HM 1)
g. Avoid, to the extent feasible, risks from hazardous materials to sensitive uses such as
hospitals, schools, residences, and environmentally sensitive areas. (Objective HM 1.2)
FINDINGS FOR DENIAL - SPECIAL PERMITS:
1. The following requested special permits do not provide a better urban environment:
a. a zero ft. interior side building setback in lieu of 3 ft.;
b. street access in lieu of alley access.
There are no 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 rear yard building setback and allow street access. The special permits do not reduce the
traffic, light/glare, and noise impacts on adjacent residential properties. Street access on
Pacific Coast Highway creates an unsafe condition with traffic entering by way of the
proposed right turn lane and then exiting onto Pacific Coast Highway to continue northbound
travel or southbound travel .
PC Minutes - 9/23/97 18 (97PCM923)
2. The requested special permits do not provide better'land planning techniques with maximum
use of aesthetically pleasing types of architecture, landscaping, site layout and design. The
building location and street access focuses vehicular activity toward the street to create
possible traffic conflicts and reduces pedestrian safety.
3. The requested special permits are not consistent with objectives of the Downtown Specific
Plan in achieving a development adapted to the terrain and compatible with the surrounding
environment. The proposed project increases noise and hazard impacts onto the adjacent
residential properties.
FINDINGS FOR DENIAL - COASTAL DEVELOPMENT PERMIT NO.96-15:
1. Coastal Development Permit No. 96-15 for the development project does not conform with
the General Plan which includes the Local Coastal Program.
C. CONSENT CALENDAR
C-1 GENERAL PLAN CONFORMANCE NO.97-3 (CIP 1997/1998):
APPLICANT: City of Huntington Beach, Department of Administrative Services
LOCATION: City-wide
PROJECT
PLANNER: Julie Sakuguchi
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 1997/98. The 1997/98 CIP contains a list of
the funded and unfunded capital projects for the next five fiscal years. Many projects have been
carried forward from the 1996/97 CIP due to lack of funding. The 1997/98 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.
PC Minutes - 9/23/97 19 (97PCM923)
To provide more detailed information as to the conformity of each project with the General Plan,
Resolution Number 1529 presents relevant General Plan policies for each proposed project in the
1997/98 CIP. In the Resolution, the General Plan policies are grouped with the individual projects
by Department and subject.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission adopt Resolution No. 1529, approving General
Plan Conformance No. 97-3 with findings, and forward to the City Council.
A MOTION WAS MADE BY SPEAKER, SECONDED BY TILLOTSON, TO ADOPT
RESOLUTION NO. 1529, APPROVING GENERAL PLAN CONFORMANCE NO.97-3
WITH FINDINGS AND FORWARD TO THE CITY COUNCIL, BY THE FOLLOWING
VOTE:
AYES: Inglee, Chapman, Kerins, Biddle, Tillotson, Speaker
NOES: None
ABSENT: Livengood,
ABSTAIN: None
MOTION PASSED
D. NON-PUBLIC HEARING ITEMS
D-1 CONDITIONAL USE PERMIT NO.97-20 (ROCKETS & POCKETS - FLOOR
PLAN):
APPLICANT: * Paul Roberts
LOCATION: 19092 Beach Boulevard (east side of Beach Boulevard, south of
Garfield Avenue) (Plaza de la Playa Shopping Center)
PROJECT
PLANNER: Susan Pierce
Conditional Use Permit No. 97-20 was approved by the Planning Commission on July 8, 1997,
for the continued operation of a 4,950 square foot family billiard center, Rockets & Pockets, as
an interim use until the use is converted at a later date to an adult billiard center with alcoholic
beverage sales. Condition number 2 requires the applicant to submit a floor plan of the adult
billiard facility layout for Planning Commission review and approval prior to the conversion
from a family billiard center. This request is presented to the Planning Commission for review
and approval of the floor plan which includes new furnishings and a new office area.
PC Minutes - 9/23/97 20 (97PCM923)
C
STAFF RECOMMENDATION: '
Staff recommends approval of the floor plan for the adult billiard center for the following
reasons: -
• A center hallway is provided from the entrance to the counter at the back where billiard
supplies will be dispensed.
• Pool sticks and balls are located behind the counter area.
• The arrangement of pool tables does not obstruct ingress/egress to the center.
• An office area is provided with one-way glass for better supervision.
A MOTION WAS MADE BY INGLEE, SECONDED BY CHAPMAN, TO APPROVE
THE FLOOR PLAN DATED SEPTEMBER 15,1997, FOR THE PROPOSED ADULT
BILLIARD CENTER (CONDITIONAL USE PERMIT NO.97-20), BY THE
FOLLOWING VOTE:
AYES:
Inglee, Chapman, Kerins, Biddle, Tillotson, Speaker
NOES:
None
ABSENT:
Livengood
ABSTAIN:
None
MOTION PASSED
E. PLANNING COMMISSION ITEMS/INQUIRIES
Commissioner Kerins - asked staff to report back on what the minimum service station
size should be, to incorporate safety issues, etc., in comparison to what is currently
allowed. Staff stated they would report back.
F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Howard Zelefsky, Planning Director - restated actions taken at the previous City
Council meeting and discussed upcoming items.
F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING
Scott Hess, Senior Planner - stated no items had yet been scheduled for the October 14,
1997, Planning Commission meeting.
PC Minutes - 9/23/97
21
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Im
1
G. ADJOURNMENT -Adjourn to the October 14,1997, Planning Commission meeting.
A MOTION WAS MADE BY INGLEE, SECONDED BY SPEAKER, TO ADJOURN TO
A 5:30 PM STUDY SESSION ON OCTOBER 14,1997, AND THEN TO THE
REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY
THE FOLLOWING VOTE:
AYES: Inglee, Chapman, Kerins, Biddle, Tillotson, Speaker
NOES: None
ABSENT: Livengood
ABSTAIN: None
MOTION PASSED
/kjl
APPROVED BY:
4� _2/,"/AL1 -
HKVard Zelefsk , ecre
Planning Commissidn Chairperson
PC Minutes - 9/23/97
22
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