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HomeMy WebLinkAbout1999-06-08MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JUNE 8,1999 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM (Room B-8) MAJOR PROJECTS UPDATE — Scott Hess/Herb Fauland/Mary Beth Broeren AGENDA REVIEW — Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P A P P P P P ROLL CALL: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic AGENDA APPROVAL Anyone wishing to speak must fill out and submit a form to spear No action can betaken 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 COMMUNICATIONS. Speakers on items scheduledfor 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 I B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO.99-10 (LIQUID DEN ENTERTAINMEN APPLICANT: Arash Sardarizadeh/Niko Black LOCATION: 5061 Warner Avenue, Suite #A (northeast of Warne_ r Avenue and Bolsa Chica Street) PROJECT PLANNER: Peter Vanek Conditional Use Permit No. 99-10 represents a request to permit live entertainment in conjunction with an existing drinking establishment. Live music will be performed by bands (5 persons maximum), karaoke performers, or by a single comedian or poet from 6:00 p.m. to 12:00 a.m. Monday through Thursday, 6:00 p.m. to 1:00 a.m. Friday and Saturday and 6:00 p.m. to 11:00 p.m. on Sunday. The applicant would like to provide live entertainment to local residents and tourists, and believes this use expansion will attract more patrons. Staff has analyzed the request and believes that live entertainment in conjunction with arr -- existing drinking establishment will be compatible with the existing and surrounding commercial uses and is adequately separated from residential uses. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Conditional Use Permit No. 99-10 with findings and suggested conditions of approval for the following reasons: • The proposed use will not be detrimental to the general welfare of persons residing or working in the vicinity because the use will take place in a commercially zoned area and is buffered by other commercial uses from nearby residences. • Dancing is not proposed at the site, therefore, no additional parking will be required. • The noise level of the proposed entertainment will be controlled through a sound system. The proposed use complies with the Huntington Beach Zoning and Subdivision Ordinance and provisions of the General Plan. THE PUBLIC HEARING WAS OPENED. Niko Block, applicant, stated that their patrons are made aware that if they do not park in the designated parking area they will be towed. She stated she was available for questions. Ray Butierrez, 16952 Bolsa Chica, Cantamar Mexican Restaurant, spoke in opposition to the request stating that the customers of the subject business park in his lot causing parking problems and interference with his business. PC Minutes — 6/8/99 2 (99PCM608) Sid Crossley, 1799 Newport Boulevard, Costa Mesa, property owner to the west, spoke in opposition to the request stating that the parking overflows into their lot interfering with their business. Mike Crossley, 120-33`d Street, Newport Beach, property owner to the west, spoke in opposition to the request stating overflow parking interferes with their business. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission stated that they will require with approval: a six (6) month review of the proposed request, a reciprocal parking agreement be established and the parking lot resurfaced within one (1) year. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY LAIRD, TO APPROVE CONDITIONAL USE PERMIT NO.99-10 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Laird, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: Kerins ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-10: 1. Conditional Use Permit No. 99-10 for the establishment of live entertainment (jazz, blues, karaoke, comedy and poetry — max. 5 members) within an existing 1,900 square foot drinking establishment will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because this use is consistent with the zoning designation of Commercial General; it is buffered from residential properties by commercial uses and structures and a major arterial roadway; and noise associated with live entertainment will be contained within the building and restricted to specific hours. 2. The conditional use permit will be compatible with surrounding uses because: a) other commercial uses surround the project site; b) the expanded use will not generate significant noise impacts or result in additional traffic. 3. The proposed use 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 live entertainment with approval of a Conditional Use Permit from the Planning Commission. PC Minutes — 6/8/99 3 (99PCM608) 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 LU 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 LU 10: Achieve the development of a range of commercial use. c. Obiective LU 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. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.99-10: 1. The site plan, floor plans and elevations received and dated March 22, 1999 shall be revised to reflect reciprocal vehicular access between the subject property and the property tmhe east. Such reciprocal access shall be a minimum 24 feet in width and located within 100 feet of the Warner Avenue right-of-way line and be adequately posted with directional signs indicating additional customer parking. 2. The use shall comply with all conditions of the Entertainment Permit. (PD) 3. Prior to commencement of the live entertainment the following shall be completed: a. The subject property shall enter into irrevocable reciprocal driveway and parking easement between the subject site and the property to the east. A copy of the legal instrument shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Planning Department. b. The reciprocal accessway shall be improved on the site and proper signage installed. 4. A review of the use shall be conducted by staff within six (6) months of the commencement of live entertainment to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. All surrounding property owners shall be notified. A written communication of staff s review will be transmitted to the Planning Commission. At that time the Planning Commission may schedule a public hearing to consider modifications to the conditions of approval or revocation of the conditional use permit. PC Minutes — 6/8/99 4 (99PCM608) 5. The parking area at the rear of the drinking establishment shall be paved, the front lot resurfaced, and both lots striped (23 spaces) to comply with the Huntington Beach Zoning and Subdivision Ordinance within one year of the date of approval of Conditional Use Permit No. 99-10. 6. The Planning Director ensures that all conditions of approval herein are complied with. The Planning 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 Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 99-10 shall not become effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 99-10 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 Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 99-10, 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 Department, Fire Department, and the Huntington Beach Municipal Code, including Chapter 8.40, Noise Control. 5. Dancing is not permitted unless a new conditional use permit is approved pursuant to the Huntington Beach Zoning and Subdivision Ordinance and all city requirements are complied with. 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 Planning Department within two (2) days of the Planning Commission's action. PC Minutes — 6/8/99 5 (99PCM608) B-2 GENERAL PLAN CONFORMANCE NO.99-2/NEGATIVE DECLARATION NO. 99-4 (REDEVELOPMENT PLAN AMENDMENT): APPLICANT: City of Huntington Beach Redevelopment Agency LOCATION: Huntington Beach Redevelopment Plan/Main-Pier Sub -area (north of Pacific Coast Highway, south of Pecan Avenue, east of Sixth Street, west of First Street PROJECT PLANNER: Herb Fauland General Plan Conformance No. 99-2 represents a request to determine whether the amendment to the Huntington Beach Redevelopment Plan to extend the power of eminent domain for residential properties in a portion of the Main -Pier Redevelopment Sub -area is in conformance with the General Plan. The City's Redevelopment Agency has initiated an effort to prepare and consider an amendment to provide the Agency the authority to use eminent domain, as a last resort, to acquire certain residential properties in the Main -Pier sub -area. The subject area is depicted on the map entitled "Main -Pier Residential Eminent Domain Overlay Map" (Attachment No. 4). The Planning Commission is scheduled to consider two resolutions. The first resolution is a recommendation on Negative Declaration No. 99-4; the second resolution is a recommendation finding that the Amendment conforms to the General Plan. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Negative Declaration No. 99-4 and General Plan Conformance No. 99-2 for the following reasons: ♦ The proposed amendment to the Redevelopment Plan is in conformance with the goals and policies of the Land Use, Economic Development, and Urban Design Elements of the General Plan; ♦ The proposed amendment to the Redevelopment Plan is necessary to facilitate the continued revitalization of the downtown pursuant to the Downtown Specific Plan; ♦ The proposed amendment will maintain the project area goals enacted to address specific conditions within the Main -Pier Redevelopment Sub -area; ♦ The proposed amendment will enhance the ability of the Redevelopment Agency to pursue the elimination of blighted conditions, and the improvement of the project area's infrastructure, aesthetics, commercial base, and employment opportunities; ♦ The proposed amendment will maintain and improve the ability of the Redevelopment Agency to address parcels of irregular shape and size, to assemble properties, and to redevelop and recycle underutilized parcels; ♦ The proposed amendment to the Redevelopment Plan has been analyzed and reviewed pursuant to the provisions of the California Environmental Quality Act and has been determined that no significant impacts are anticipated as a result of the proposed amendment. PC Minutes — 6/8/99 6 (99PCM608) THE PUBLIC HEARING WAS OPENED. James Tars, 315-5"' Street, questioned the Commission as how the proposed request would affect his property. Staff stated that his property was outside the affected area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED.B A MOTION WAS MADE BY LIVENGOOD, SECONDED BY CHAPMAN, TO APPROVE NEGATIVE DECLARATION NO.99-4 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Laird, Chapman, Speaker, Livengood, Mandic NOES: None ABSENT: Kerins, Biddle (out of room) ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY CHAPMAN, TO APPROVE GENERAL PLAN CONFORMANCE NO.99-2 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Laird, Chapman, Speaker, Livengood, Mandic NOES: None ABSENT: Kerins, Biddle (out of room) ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO.99-4: 1. Negative Declaration No. 99-4 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 twenty (20) days. No comments were received during the comment period from April 22, 1999 to May 12, 1999. The proposed amendment to the Redevelopment Plan has been analyzed and reviewed pursuant to the provisions of the California Environmental Quality Act and has been determined that no significant impacts are anticipated as a result of the proposed amendment. 2. There is no substantial evidence in light of the whole record before the Planning Commission that the project will have a significant effect on the environment. PC Minutes — 6/8/99 7 (99PCM608) FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO.99-2: 1. The proposed amendment to the Huntington Beach Redevelopment Plan to extend the power of eminent domain for residential properties in a portion of the Main -Pier Sub -area conforms with the goals, objectives, and policies of the Land Use Element, the Economic Development Element, and the Urban Design Element of the General Plan. The goals, objectives and policies are as follows: Land Use Element Policy LU 1. L I Establish incentives for the development of uses to support the needs and reflect the economic demands of City residents and visitors. The proposed amendment will maintain and improve the ability of the Redevelopment Agency to assist in the attraction of business, merger of parcels, improvement of infrastructure, and recycling of underutilized or blighted properties. Policy LU 1.1.2 Promote development in accordance with the Economic Development Element. The proposed amendment will maintain and improve the ability of the Redevelopment Agency to assist in the development of property so that it meet the needs of the community and conform to the land uses stipulated in the Land Use Element, and- design criteria stipulated in the Urban Design Element. Through the ability to acquire property, the Agency is able to help create attractive commercial properties and stimulate economic development. Policy LU2.1.1 Plan and constructpublic infrastructure and service improvements as demand necessitates to support the land uses specified in the Land Use Plan. The proposed amendment will maintain and improve the ability of the Redevelopment Agency to assist in the creation or public improvements, such as landscaping and street furniture, as well as -infrastructure. These improvements may be required to provide quality service to existing and proposed developments as well as create an attractive place to conduct business. Policy LU 4.3.3 Provide economic assistance, as funds are available, for the improvement of physically deteriorated structures in the City. The proposed amendment will maintain and improve the ability of the Redevelopment Agency to assist in the improvement of deteriorated structures. Through the ability to acquire property, the Agency is able to help create attractive commercial properties and stimulate economic development. Urban Design Element Policy UD 1.3.1 Require a consistent design theme and/or landscape design character along the community's corridors that reflects the unique qualities of each district. Ensure that streetscape standards for the major commercial corridors, the residential corridors, and primary and secondary image corridors provide each corridor with its own identity while promoting visual continuity throughout the City. The proposed amendment will maintain and improve the ability of the Redevelopment Agency to create or assist in the creation of coordinated street scenes and improve the corridors in project areas. PC Minutes — 6/8/99 8 (99PCM608) Policy UD 1.3.2 Provide for the implementation of streetscape and landscape improvements along the major commercial corridors, through public capital improvement programs, business district improvements, or other techniques as funding is available. a. Develop or enhance the pedestrian environment in those parts of the corridors where there is existing or the potential for pedestrian activity, this includes the use of • sidewalkfurniture; • shade trees; • shade structures; • special paving; and • pedestrian walkway linkages. b. Consider using special corridor oriented public signage, public art, or median monuments at prominent intersections. c. Discourage the excessive use of temporary signage including bunting and commercial banners. The proposed amendment will maintain and improve the ability of the Redevelopment Agency to assist in implementation of public improvements. The public improvements may attract new businesses or stimulate business to improve the blighted area. Through the ability to acquire property, the Agency is able to help create attractive commercial properties and stimulate economic development. Economic Development Element Policy ED 1.1.1 Maintain and expand economic and business development programs that encourage and stimulate business opportunities within the City. The proposed amendment will improve the ability of the Redevelopment Agency to assist in the attraction of business, merger of parcels, improvement of infrastructure, and recycling of underutilized or blighted properties. The public improvements may attract new businesses or stimulate existing business to improve the blighted area. In addition, the Agency's ability to help assemble parcels and improve underutilized or deteriorating properties is similarly improved. Policy ED 2.4.1 Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. The proposed amendment will improve the ability of the Redevelopment Agency to assist in the physical improvement of businesses within the Main -Pier Sub -area. PC Minutes — 6/8/99 9 (99PCM608) 2. General Plan Conformance No. 99-2 for the proposed amendment to the Redevelopment Plan is necessary to facilitate the continued revitalization of the downtown pursuant to the Downtown Specific Plan. 3. General Plan Conformance No. 99-2 for the proposed amendment will maintain the project area goals enacted to address specific conditions within the Main -Pier Sub -area. 4. General Plan Conformance No. 99-2 for the proposed amendment will enhance the ability of the Redevelopment Agency to pursue the elimination of blighted conditions, and the improvement of the project area's infrastructure, aesthetics, commercial base, and employment opportunities. 5. General Plan Conformance No. 99-2 for the proposed amendment will maintain and improve the ability of the Redevelopment Agency to address parcels of irregular shape and size, to assemble properties, and to redevelop and recycle underutilized parcels; C. CONSENT CALENDAR NONE D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMS E-1 PLANNING COMMISSION COMMITTEE REPORTS Commissioner Livengood — stated that Environmental Board symposium to be held September 8, 1999 has received support from the City Council Commissioner Biddle — stated the Downtown Outdoor Dining with Alcohol Planning Commission Subcommittee will meet with the City Council members from the Downtown Subcommittee to discuss issues. Commissioner Speaker — stated he had two (2) vacancies for alternates on Planning Commission Subcommittees. He appointed Commissioner Laird as alternate to the Design Review Board and Commissioner Chapman as alternate to the Urban Design Element Subcommittee. E-2 PLANNING COMMISSION INOUIRIES/COMMENTS Commissioner Biddle — asked staff how soon the Planning Commission will be reviewing the plans for the proposed Block 1041105 project. Staff stated tentatively December 1999. PC Minutes — 6/8/99 10 (99PCM608) 1 1 F. PLANNING ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING NONE F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING NONE G. ADJOURNMENT —Adjourn to the June 22,1999 meeting. A MOTION WAS MADE BY BIDDLE, SECONDED BY MANDIC, TO ADJOURN TO A 5:15 PM STUDY SESSION ON JUNE 22, 1999, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Laird, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: Kerins ABSTAIN: None MOTION PASSED /kjl APPROVED BY: gwnj Ho and ZelefAy, S creta PC Minutes — 6/8/99 11 (99PCM608)