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HomeMy WebLinkAbout1999-09-14MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, SEPTEMBER 14, 1999 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION — 4:00 PM (Room B-8) SMALL LOT DEVELOPMENT ZONING TEXT AMENDMENT — Wayne Carvalho CIP BUDGET — Mary Beth Broeren PC INQUIRY LOG UPDATE — Scott Hess AGENDA REVIEW — Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P 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 farm 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 COMMUNICATIONS. 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 Chuck Scheid, spoke in regards to the property tax override acted upon at the August 16, 1999 City Council meeting. He does not support their actions. John Ott, 7412 Seabluff Drive, spoke in regards to the property at the northwest corner of Pacific Ranch and Yorktown, and the dwelling known as the "Huntington Mansion." He stated that the property has become a nuisance and an eyesore, where teenagers hang out, party and vandalize. He would like this situation rectified. Commissioner Speaker stated that the property owner has currently applied for a demolition permit as the dwelling has no historical value. It is currently in the process and the speaker may contact the Planning Department for a time line on completion dates. Ray Parrish, 7412 Seabluff Drive, #109, spoke in regards to the property at the northwest corner of Pacific Ranch and Yorktown, and the dwelling known as the "Huntington Mansion." He added that there is also a skunk problem on the property. B. PUBLIC HEARING ITEMS B-1 ENTITLEMENT PLAN AMENDMENT NO.99-1 (ST. VINCENT DE PAUL MASTER PLAN) (CONTINUED FROM THE AUGUST 24,1999 MEETING): APPLICANT: Dennis Hyndman/Tom Fowler LOCATION: 8345 Talbert Avenue (north side of Talbert Avenue between Beach Boulevard and Newland Street). PROJECT PLANNER: Amy Wolfe The subject development proposal represents a request to amend a previously approved (CUP No. 80-07) phased master planned expansion of the existing St. Vincent De Paul Catholic Church facility located at 8345 Talbert Avenue. The site is located on the north side of Talbert Avenue, between Beach Boulevard and Newland Street and adjoins residential uses to the east and a public -semipublic use to the north and west (The Good Shepherd Cemetery). The Crest View School site is located to the south of the site across Talbert Avenue. The proposed master plan modification involves location of a 12,600 sq. ft. Sanctuary on the northwestern rather than the southeasterly portion of the site and development of related site improvements. The existing Parish Hall, Meeting Room Facility and Rectory are proposed to remain. Two maintenance structures are proposed to be demolished. The master plan is proposed to be implemented in two phases over a period of 10 years. STAFF RECOMMENDATION: 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 adjacent developments. Staff recommends approval of Entitlement Plan Amendment No. 99-01 for the following reasons: The project's scale shall be compatible with existing development adjacent to the project site. Recesses, overhangs, reveals and fenestration on the new structures shall articulate and segment the building massing. The project shall convey a high quality visual image and character. The proposed project is consistent with the goals and objectives of the City's General Plan which encourage the development of institutional, educational and religious uses. 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 PS (Public -Semipublic) zoning district regulations inclusive of landscape and off-street parking standards and City policies relating to site planning and architectural design considerations. Substantial architectural offsets and building articulation shall be provided on building elevations visible from public rights -of -way. On -site landscaping and parking improvements will comply with ZSO requirements. 7 J PC Minutes — 9/14/99 2 (99PCM914) The Commission questioned staff about the proposed relocation of and necessity for the two parking spaces adjacent to the main driveway entrance, the increased trip generation in relation to the proposed Wal Mart, the lack of sidewalk along the north side of Talbert Avenue, the landscape buffer between the project site and the single family residential units to the east and the proposed bus pad. Staff explained that the parking spaces adjacent to the main driveway entrance were proposed to be relocated to the interior of the site to minimize vehicular conflict and maneuvering within said area. Staff also stated that although the spaces are not required, they are recommended due to potential overflow during certain holidays. Staff explained that a trip generation fee was being charged for the increases in the project itself, but was not analyzed in relation to the proposed Wal Mart Project. Staff stated that the city could not condition the church to put a sidewalk on the north side of Talbert Avenue because it was not adjacent and did not relate to the proposed project. Staff explained that the buffer between residential would consist of landscape materials, both shrubs and trees, existing Eucalyptus trees and grade elevation differences. Staff stated that the Orange County Transportation Authority (OCTA) had recommended that the bus pad be placed in the proposed location because of convenience to the site. THE PUBLIC HEARING WAS OPENED. Dennis E. Hyndman, 2611 S. Coast Hwy 101, 9201, Cardiff, architect for the applicant, stated that the applicant does not wish to move the two parking spaces as suggested by staff. He stated that there have been not traffic problems related to these two parking spaces in the past. Joseph Truxan, 8555 White Fish Circle, Fountain Valley, engineer for the applicant, stated that the parking stalls in question have existing since 1980, there is no history of accidents and to move these spaces would cause increased grading costs. The applicant wishes to have the spaces remain where they are. Mr. Truxan stated that the applicant also wishes to shift the parking in the easterly lot and reduce the size of the landscape buffer to the residential area and reduce the wall height. Bill Waldron, 8345 Talbert Avenue, representing applicant, stated he was concerned with Code Requirement No. 6 which requires State mandated school fees to be paid, and wondered how it related to this project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed allowing the two parking stalls to remain where they currently exist and to move the parking area up to ten feet to the east and allow a reduction in the landscape buffer up to ten feet along the easterly property line. Commissioner Laird stated that he would be opposed to approving the reduction of the landscape buffer area any less than ten feet without prior notice to the affected residents. PC Minutes — 9/14/99 3 (99PCM914) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY MANDIC, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO.99-1 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: Laird ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.99-01: 1. Entitlement Plan Amendment No. 99-01 for the establishment, maintenance and operation of religious facilities 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 facilities will fulfill numerous social, educational and community needs of existing and future residents of Huntington Beach. The project's scale and design will convey quality visual characteristics and will be compatible with adjacent uses. 2. The proposed project 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 master plan 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 compliance with development requirements applicable to the PS (Public -Semipublic) zoning district. 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 P (Public) on the subject property. In addition it is consistent with Land Use element goal (LU4) and associated objectives (LU 4.1, LU4.2) and policies (LU4.1.1, LU4.1.2, LU4.1.4, LU4.2.1) which promote the development of building sites in a manner that convey high quality architecture, landscape and character. In addition the project is consistent with Land Use Goal (LU 13) and associated objective (LU 13.1) and policy (LU13.1.2) which encourage development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach residents. PC Minutes — 9/ 14/99 4 (99PCM914) CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.99-01: 1. The site plan, floor plans and elevations received and dated August 24, 1999 shall be the conceptually approved layout with the following modifications: a. The Phase II Classroom Addition/ South Elevation shall be enhanced by means of landscaping, complementary colonnade/ screen wall element, and or additional/modified fenestration. The revised building design shall be subject to review and approval by the Planning Director. b. The parking area may be shifted easterly, closer to the easterly property line, provided a minimum ten (10) foot wide landscaped buffer is maintained. c. Enhanced paving shall be provided at the Sanctuary drop-off zone. d. A vehicle turn -around space shall be provided adjacent to the new gate on the easterly portion of the project site. e. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) f. 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) g. 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) h. 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. i. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. PC Minutes — 9/14/99 5 (99PCM914) 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. All Fire Department requirements shall be noted on the building plans. (FD). 3. Prior to issuance of grading permits, the following shall be completed: a. A Grading Plan, prepared by a Registered Engineer, shall be submitted to the Department of Public Works for review and approval. This plan shall include grading and any required off -site improvements. (PW) b. A Landscape and Irrigation Plan prepared by a Licensed Landscape Architect shall be submitted to the Department of Public Works for review and approval by the Park, Tree and Landscape Division. (PW) c. A detailed soils analysis shall be prepared by a registered Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, liquefaction, chemical and fill properties, retaining walls, streets, and utilities. (PW) d. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. (PW) e. Final hydrology and hydraulic design studies for both on and off site facilities shall be submitted for Public Works review and approval. All storm drain inlets shall be grated. (PW) f. The developer shall perform drainage routing calculations for the channel located on the east side of the property sizing for ultimate flow. The developer shall improve the channel or install a storm drain to convey the design flood flow through the site. All work shall be completed to City standards. (PW) g. On -site drainage pipes shall be 18-inches in diameter or larger prior to tying into the new public storm drain. (PW) h. The developer shall remove the existing 72-inch CMP storm drainpipe and head wall before constructing new connection to existing catch basin per City standards. (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 Planning Department. PC Minutes — 9/14/99 6 (99PCM914) b. All Public Works fees shall be paid. (PW) c. The developer shall dedicate a 20-ft. (min) drainage easement for the new storm drainpipe. (PW ) d. A Landscape Construction Set must be submitted to the Department of Public Works for review and approval by the Park, Tree and Landscape Division. 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 project's landscape plan. (Code Requirement) e. An interim parking and/or building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for employees, customers and contractors during the projects construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. f. A construction vehicle control plan shall be submitted to the Department of Public Works for review and approval. 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; 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 Final Inspection or Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. PC Minutes — 9/14/99 7 (99PCM914) b. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Landscaping. 2) The Developer shall install a 6" sewer lateral per City standards. (PW) 3) The Developer shall construct necessary storm drainpipe improvements as determined by the drainage routing calculations. (PW) 4) Upon completion of the storm drain and prior to certificate of occupancy issuance, the existing channel shall be removed and the easement shall be vacated. The area shall then be landscaped. (PW) 5) The driveway to be removed shall be replaced with curb, gutter and sidewalk per City Standards. In addition, the existing water valve located within the driveway shall be raised to grade. (PW) 6) Construct and/or reconstruct driveways per City of Huntington Beach Standard 211 (industrial and commercial driveway approach). Note that, depending on the sidewalk width, a lateral sidewalk transition may be necessary to allow wheelchair traversal. (PW). 7) On -site wheelchair ramps shall conform to ADA standards. (PW) 8) Install a bus pad at the existing bus stop in front of the project site. (PW) 9) Re-sign and re -stripe Talbert Avenue in front of the project site to disallow on -street parking. (PW) 10) Outdoor lighting shall utilize energy -saving lamps. All outdoor lighting shall be directed to prevent "spill -over" onto adjacent properties and shall be shown on the site plan and elevations. Lighting shall be capable of being dimmed to a minimum security level during hours of non -operation of the facility. (PW) 11) Any existing mature trees which are removed shall be replaced at a 2 for 1 ratio with a 36" box tree or Palm equivalent (13'-14' trunk height for Queen Palms and a 8'-9' of brown trunk). The developer shall provide a consulting Arborist report on all the existing trees. Said report shall quantify, identify, size and analyze the health of the existing trees. The report shall also recommend how the existing trees that are to remain (if any) shall be protected and how far shall be kept from the trunk. (PW) 12) All landscaping irrigation and planting installation shall be certified to be in conformance to City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to final landscape inspection and approval.(PW) I PC Minutes — 9/14/99 8 (99PCM914) 13) If the existing domestic water service and /or meter is of sufficient size, the proposed building(s) shall have a new, separate domestic water meter and service, sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC) and the Uniform Fire Code (UFC) and shall be a minimum size of 2 inches. (PW) 14) All meters (new and existing) shall be a touch read type. (PW) 15) Separate backflow protection shall be installed per the City of Huntington Beach Water Division Standards for domestic, irrigation and fire water services. (PW) 16) The existing buried backflow protection device on the existing 6-inch fire service shall be replaced with an 8-inch backflow protection device to be located downstream of the meters on the 8-inch north/south pipe on site. In so doing, the on -site fire system becomes a private system, per City Water Division Standards. (PW) 17) If fire sprinklers are required to the proposed building, the building shall have a separate fire service with an appropriate backflow protection device. Depending upon the approved hydraulic calculation, this service may come off either the (private) 8-inch on -site water pipeline, or the public water main in Talbert Avenue. (PW) 18) The Developer shall submit water system hydraulic calculations to ensure proper water meter and main sizes. If the analysis shows that the project demands (fire and domestic) cannot be met with the City's current water system, the Developer shall be required to upgrade the City's system to meet the project demands, at no cost to the City. (PW) 19) Automatic sprinkler systems shall 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 system installation. (FD) 20) A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. The system shall provide the following: manual pull stations, water flow/valve tamper and trouble detection, 24 hour supervision, smoke detectors, annunciation, audible alarms. (FD) 21) Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 22) One fire hydrant shall be installed prior to initiation of combustible construction. Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department prior to installation. Plans shall show hydrant near the Rectory on the east side.(FD) PC Minutes — 9/14/99 9 (99PCM914) 23) Fire lanes shall be designated and posted to comply with City Specification #415. (FD) 24) Address numbers will be installed to comply with City Specification # 428. The size of the numbers will be a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) 25) Fire access roads shall be provided in compliance with the Huntington Beach Fire Code and City Specification #401. Include the circulation plan and dimensions of all access. (FD) 26) 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. (FD) 27) Security gates shall be designed to comply with Specification 403. (FD) _ 7. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 8. 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. 9. The Director of Planning ensures that all conditions of approval herein are complied with. The Director of Planning 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 Director of Planning 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 ZSO. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Entitlement Plan Amendment No. 99-01 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. 2. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 99-01, 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. 3. All applicable Public Works fees shall be paid. (PW) 4. , An encroachment permit shall be required for all work within the public right-of-way. (PW) PC Minutes — 9/ 14/99 10 (99PCM914) 5. A Certificate of Occupancy must be issued by the Planning Department prior to occupying the building. 6. State -mandated school impact fees shall be paid prior to issuance of building permits. 7. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards and DRB recommendations, except as noted herein. 8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 9. All signs shall conform to the ZSO. Prior to installing any new signs; or changing sign faces, a building permit shall be obtained from the Planning Department. 10. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Determination 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 City Council's action. B-2 CONDITIONAL USE PERMIT NO.99-32 (MEDITERRANEAN GRILL LIVE ENTERTAINMENT): APPLICANT: Keith Bohr LOCATION: 221 Main Street, Suite "A" (west side, south of Olive Avenue) PROJECT PLANNER Peter Vanek Conditional Use Permit No. 99-32 represents a request to permit live entertainment and dancing in conjunction with an existing restaurant and modify the hours of operation. Live music is requested to permit up to two (2) musicians from 5:00 p.m. to 10:00 p.m. Monday through Thursday, 5:00 p.m. to 2:00 a.m. Friday and Saturday and 12:00 p.m. to 12:00 a.m. on Sunday. The restaurant hours of operation are currently limited to 6:00 a.m. to 1:00 a.m. everyday, and the applicant would like to extend those hours until 2:00 a.m. on Friday and Saturday. The applicant would like to provide live entertainment as an accompaniment to meals, and believes this use expansion will attract more patrons. A dance floor 200 square feet in area is proposed. The applicant intends to pay in -lieu fees for the additional parking that will be required by converting 200 square feet of restaurant area to dance floor. Staff has analyzed the request and believes that live entertainment and dancing in conjunction with an existing restaurant, as well as the amended hours of operation, will be compatible with the existing and surrounding commercial and restaurant uses and is adequately separated from residential uses. PC Minutes — 9/14/99 11 (99PCM914) STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Conditional Use Permit No. 99-32 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. • Sufficient parking will be provided through the payment of in -lieu parking fees for the additional parking generated by the dance floor. • 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. Commissioner Mandic stated that she would be abstaining from taking action on this request in accordance with the Planning Commission By-laws. THE PUBLIC HEARING WAS OPENED Keith Bohr, 221 Main Street, applicant, stated that the proposed business owner has been doing business in the downtown area for the past five years, gaining a positive reputation. He stated that the proposed use is not a nightclub. Mr. Bohr stated that the owner is requesting that the patio use be allowed to remain open until 11:00 PM on weeknights and 12:00 AM on Saturday and Sunday. He stated that he is concerned with Condition No. 4.d. in that it states alcohol shall only be served in conjunction with food service. There is a bar area in the restaurant and he requested that the condition be clarified. He also requested that Condition No. 4.e. be amended to allow the serving of alcohol to coincide with the hours of operation. Natalie Kotsch, 218-7t' Street, spoke in support of the proposed request and for dancing to be allowed. She stated that the business owner has been operating in the downtown area for the past five years and has a very good reputation, with no complaints from surrounding neighbors. Paul Arms, 19318 Surfwave Drive, spoke in support of the proposed request and to include dancing. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed with staff the current problems with some of the uses downtown. They also discussed the relationship of the Planning Commission's approval and recommended conditions of approval to the approval of the Police Department's Entertainment Permit and it's conditions. The Commission would approve the request with modifications to the conditions to include allowing alcohol service to coincide with hours of operation, allow patron dancing, revision of wording to clarify alcohol service and food consumption and addition of a condition for review and revocation if restaurant owner violates conditions of approval at any time. PC Minutes — 9/14/99 12 (99PCM914) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.99-32 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood NOES: None ABSENT: None ABSTAIN: Mandic MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-32: 1. Conditional Use Permit No. 99-32 for the establishment of live entertainment (traditional Greek and Turkish music) and a 200 square foot dance floor for dancing, and amended hours of operation within an existing 3,990 square foot eating 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 Downtown Specific Plan and it is buffered from residential properties by commercial uses and structures; 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. The Downtown Specific Plan allows live entertainment with approval of a Conditional Use Permit from the Planning Commission. 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 MV (Mixed Use Vertical) 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. Objective 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. PC Minutes — 9/14/99 13 (99PCM914) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.99-32: 1. The site plan, floor plans and elevations received and dated May 26, 1999 shall be the conceptually approved layout. 2. Prior to patron dancing activity, the following shall be completed: a. Obtain an Entertainment Permit from the Police Department. b. Provide proof of payment of the in -lieu parking fee for two (2) parking spaces as required for the dancing area. 3. The use shall comply with all conditions of the Entertainment Permit. (PD) 4. The use shall comply with the following: a. Hours of operation shall be limited to between 6:00 a.m. to 1:00 a.m. Sunday through Thursday and 6:00 a.m. to 2:00 a.m. Friday and Saturday. b. All service (food, alcohol, etc.) to the patio area shall cease by 10:00 p.m. (PD) c. No loudspeakers shall be permitted within the patio area. (PD) d. Alcohol shall only be permitted to be served (inside the building and in the patio area) while the establishment kitchen is operational and available to serve food. (PD) e. A maximum of two live performers shall be permitted. f. Exit signs and exit path markings shall be provided in compliance with the HBFC and the California Administrative Code, Title 24. (FD) g. Fire extinguishers shall be installed and located in areas to comply with HBFC standards. (FD) h. The occupant load must be reestablished by the Building Department to account for the area of the dance floor and rearranging of the tables and chairs. (FD) 5. A review of the use shall be conducted by staff within six (6) months of the commencement of live entertainment and/or dancing to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that time the Planning Commission may consider modifications to the conditions of approval. 1 PC Minutes — 9/14/99 14 (99PCM914) 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. 7. The Planning Commission reserves the right to revoke Conditional Use Permit No. 99-32, 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, or if the Police Department requests revocation based upon calls for service. INFORMATION ON SPECIFIC CODE REQUIREMENTS: Conditional Use Permit No. 99-32 shall not become effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 99-32 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 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. 4. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. B-3 ZONING MAP AMENDMENT NO.99-3 (GENERAL PLAN CONSISTENCY APPLICANT: City of Huntington Beach LOCATION: Ten (10) locations for religious assembly throughout the city. PROJECT PLANNER: Eric Rubery On May 13, 1996 the City Council adopted General Plan Amendment (GPA) No. 94-2. GPA No. 94-2 was a city initiated comprehensive update to the City's General Plan. As part of the update, the Land Use Element and Map were modified. Land use designations for 97 areas were changed to fulfill City goals and policies. As a result of the GPA reclassification, numerous properties now have zoning designations that are not consistent with their General Plan designations. Zoning Map Amendment No. 99-3 represents the first in a series of amendments that are being proposed by staff to correct these inconsistencies. PC Minutes — 9/14/99 15 (99PCM914) Specifically, Zoning Map Amendment No. 99-3 proposes to rezone 10 properties currently used for religious assembly to Public -Semipublic (Sub Areas A-J). Current zoning designations include: Low, Medium, or Medium -High Density Residential and Office Commercial. Each of the properties contains existing religious uses on sites larger than two acres in size and has a General Plan designation of Public. Issues pertaining to land use compatibility were previously analyzed as part of the General Plan, and the proposed designations were deemed to be compatible with the surrounding areas. STAFF RECOMMENDATION: Staff recommends the Planning Commission approved Zoning Map Amendment No. 99-3 for the following reasons: • Zoning Map Amendment No. 99-3 will bring the properties into conformance with the existing General Plan designation of P (Public). • The rezoning will correct an existing nonconformity between the size of the sites and their current zoning which restricts religious assembly uses to no more than two acres. • The proposed project will not have any adverse environmental impacts. Zoning Map Amendment No. 99-3 is within the scope of the previously certified EIR 94-1 for the comprehensive General Plan update. • The proposed project sites are consistent with the goals and objectives of the City's General Plan which encourage the development of institutional, educational, and religious uses. The subject religious facilities fulfill numerous social, religious and community needs of existing and future Huntington Beach residents. THE PUBLIC HEARING WAS OPENED. Fred Kent, stated that he owned a four-plex unit near one of the properties and asked if the approval of this action would allow the land, if sold, to be used for anything other than a church use. Staff explained that approval of this request would protect the church use upon sale of the land. A MOTION WAS MADE BY BIDDLE, SECONDED BY CHAPMAN, TO APPROVE ZONING MAP AMENDMENT NO.99-3 (A-J) WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTES: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED 1 PC Minutes — 9/14/99 16 (99PCM914) FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT No. 99-3: 1. Zoning Map Amendment No. 99-3 to change the zoning at 10 specific locations from Low, Medium and Medium -High Density Residential and Commercial Office to PS (Public - Semipublic) is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. The subject locations have a General Plan designation of Public. The Zoning Map Amendment would bring the zoning into conformance with the General Plan. This action is consistent with objectives and policies of the General Plan because it supports existing religious assembly uses in the city which serve Huntington Beach residents. 2. In the case of a general land use provision, the zoning map amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. Religious assembly uses are permitted with the PS district with no limitation on site size. Each of the locations is developed with a religious assembly use that is consistent with the PS use provisions. 3. A community need is demonstrated for the change proposed. The new zoning will permit the proposed facilities to continue and provide services which have been offered to residents in the vicinity. It will also ensure development that is compatible with the surrounding land uses. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The site is presently designated P (Public) on the General Plan; the proposed rezoning action will be consistent with the General Plan designation. The rezoning would also correct an existing nonconformity because religious uses are not permitted to exceed two acres in size in residential and commercial areas. Zoning Amendment No. 99-3 would remove this nonconformity. C. CONSENT CALENDAR None D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS The Planning Commission reviewed and revised the Planning Commission Inquiry Log. E-1 PLANNING COMMISSION COMMITTEE REPORTS None PC Minutes — 9/14/99 17 (99PCM914) E-2 F. F-1 F-2 PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Laird — requested an update on the non conforming automobile sales occurring at Yorktown Avenue and Beach Boulevard. Paul D'Alessandro, Deputy City Attorney, stated they are proceeding with fines and the prosecution process. Commissioner Kerins — stated that he would like to submit to the Subdivision Subcommittee his comments for the September 22, 1999 meeting regarding the Beach Boulevard and Atlanta Avenue residential condominium project. He stated that he did not see any centralized open space area on the plans, and there is a requirement to provide such open space area. Commissioner Chapman — asked if his appeal of the Zoning Administrator's approval of Coastal Development Permit No. 99-6 has been scheduled. Staff stated that it has not but that it will be added to the pending list. Commissioner Chapman stated concern about the safety of the street widening at Ellis Avenue in the Edwards/Goldenwest area. He stated that the newly paved area is 6-8 inches higher than the other side of the road and the barriers along this grade differential has caused the lanes to be very narrow and dangerous to vehicle traffic. Dave Webb, Public Works, stated that he would investigate and report back with a time line of completion. Commissioner Speaker — stated that there would be a Planning Officials Forum on October 7, 1999 and encouraged the Commission to attend. Commissioner Speaker stated that he would like staff to schedule a meeting with Commissioner Mandic, staff and himself to discuss the issues raised at the Study Session held this evening regarding the Small Lot Ordinance. PLANNING ITEMS CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director — restated actions taken at the previous City Council. PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Principal Planner — reviewed items for the September 28, 1999 meeting. 1 PC Minutes — 9/14/99 18 (99PCM914) 1 G. ADJOURNMENT —Adjourn to the September 28, 1999 meeting. A MOTION WAS MADE BY BIDDLE, SECONDED BY LIVENGOOD, TO ADJOURN TO A 5:00 PM STUDY SESSION ON SEPTEMBER 28, 1999, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl APPR VED BY: o and Zelefsky, Secretary PC Minutes — 9/14/99 19 (99PCM914)