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HomeMy WebLinkAbout2000-10-10MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, OCTOBER 10, 2000 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION — 5:15 PM (Room B-8) SPORTS COMPLEX — Mary Beth Broeren/Ricky Ramos DOWNTOWN PARKING MASTER PLAN UPDATE — Wayne Carvalho AGENDA REVIEW — Herb Fauland PUBLIC COMMENTS — None REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Shomaker, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic AGENDA APPROVAL A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE, TO MOVE PUBLIC HEARING ITEM #B-2 TO THE END OF THE PUBLIC HEARING ITEMS BY THE FOLLOWING VOTE: MOTION PASSED AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: None A. ORAL COMMUNICATIONS - None B. PUBLIC HEARING ITEMS B-1 ZONING MAP AMENDMENT NO.00-03 (GENERAL PLAN CONSISTENCY) - SUBAREA "C" (CONTINUED FROM THE SEPTEMBER 26, 2000 MEETING WITH PUBLIC HEARING OPEN): APPLICANT: City of Huntington Beach LOCATION: Northeast corner of Elm Street and Cypress Avenue PROJECT PLANNER: Ricky Ramos Zoning Text Amendment No. 99-3 request: - Amend the Downtown Specific Plan by updating the Downtown Parking Master Plan. - Consolidate the two designated areas within the Master Plan. - Revise the commercial parking ratios and requirements. - Increase the overall development cap for the parking master plan area from 500,000 to 710,000 sq. ft. • Local Coastal Program Amendment No. 00-2 request: - Amend the City's Local Coastal Program incorporating the changes to the Downtown Specific Plan. Staff's Recommendation: Approve Zoning Text Amendment No. 99-3 and Local Coastal Program No. 00-2 based upon the following: - General Plan goals and objectives that ensure development is adequately served by transportation infrastructure, utility infrastructure and public services. - Allow for increases in development capacity that are consistent with the types and densities of uses depicted on the Land Use Plan consistent with the General Plan, Downtown Specific Plan and Downtown Parking Master Plan. - Allow continued downtown redevelopment consistent with the Huntington Beach Redevelopment Plan. THE PUBLIC HEARING WAS OPENED: THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Discussion ensued and the Commission asked if Douglas and Shannon Fisher, property owners of 17131 Beach Blvd., were copied on David Biggs letter to Greg Fernandez dated January 3, 2000. Staff confirmed and added that the City was interested in selling the property and develop an Owner's Participation Agreement (OPA) with all, including the Fishers. PC Minutes — 10/10/00 2 00PCM 1010 The Commission asked if it was the City's intent to acquire the property for parking purposes and staff confirmed. Staff also informed the Commission that property owned by Mr. Zisakis had been foreclosed upon. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO APPROVE ZONING MAP AMENDMENT NO.00-03 (GENERAL PLAN CONSISTENCY) — SUBAREA "C" WITH FINDINGS, AND FORWARD TO THE CITY COUNCIL BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO.00-03: 1. Zoning Map Amendment No. 00-03 to change the zoning of subarea C from RM (Residential Medium Density) to CG (General Commercial) is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The subject parcels have a General Plan designation of Commercial General. The Zoning Map Amendment would bring the zoning into conformance with the General Plan. This action is consistent with goals, objectives, and policies of the General Plan because it supports development in accordance with the land uses depicted on the Land Use Plan Map. It will also further goals, objectives, and policies that pertain to the achievement of a variety of land uses that sustain the City's economic viability, and provide employment opportunities as well as services to meet the needs of the citizens of Huntington Beach. 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. This amendment would change the land use designation rather than a general land use provision. Future development will be compatible with the development standards. 3. A community need is demonstrated for the change proposed. With the adoption of the General Plan in 1996, the community as a whole determined a long term need for a more extensive commercial corridor along Beach Boulevard. The Zoning Map Amendment will allow the zoning designation on the subject properties to conform to the General Plan. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The sites are presently designated on the General Plan; the proposed rezoning action will bring each site into conformity with the current General Plan designation. PC Minutes — 10/10/00 3 OOpcm1010 L B-3 APPEAL OF CONDITIONAL USE PERMIT NO.00-37 (GOSSETT DAY CARE): APPLICANT/ PROPERTY OWNER: Gary and Toni Gossett, 8741 Adams Avenue, Huntington Beach, CA 92646 LOCATION: 8741 Adams (north side of Adams between Newland St. and Magnolia St.) PROJECT PLANNER: Sandra Thornton • Conditional Use Permit No. 00-37 request: - Permit a large family childcare facility (up to 12 children) at an existing single-family residence. Staff's Recommendation: Approve Conditional Use Permit No. 00-37 based upon the following: - The property can accommodate parking on site. - The potential impacts including traffic and noise will be minimized by conditions imposed. - The project complies with the base district and the HBZSO. - The project is consistent with the General Plan. - The project provides a service use that supports residents' needs within the City of Huntington Beach. Before the Public Hearing was opened, the Commission and staff discussed fire safety standards relative to fire vehicle access, and a recommendation by Public Works staff to red curb approximately 150' of street adjacent to the property. Commission also asked about the differences in requirements (State and local) for daycare facilities housing six (6) or twelve (12) children. THE PUBLIC HEARING WAS OPENED: Gary Gossett, 8741 Adams Avenue, applicant, spoke in favor of the item, outlining the efforts made by Gossett Day Care to improve parking conditions. He stated that the daycare was valuable to the community, and not a detriment. Commissioner Mandic asked Mr. Gossett how many personal vehicles they have, and how many utilize driveway or garage parking. Mr. Gossett responded that they currently having four (4) personal vehicles. Commissioner Speaker asked how many children are currently within their care and Mr. Gossett responded six (6) full-time, and two (2) part-time. PC Minutes — 10/10/00 OOPcm1010 Toni Gossett, 8741 Adams Avenue, applicant, spoke in favor of the item, stating that their business is in compliance with all laws, safety standards, and zoning/parking guidelines. She said she has not had a complaint in twenty (20) years, and that the Conditional Use Permit (CUP) is consistent with the General Plan. Commissioner Kerins asked how many children are currently in the Gossett's care, and if the application would allow for siblings of those already attending. Mrs. Gossett responded that she has nine (9) full-time children, and that being licensed by the State would provide for up to twelve (12) children within her facility, including siblings. Tom Kirksey, 709 10t' Street, spoke in favor of the item His children attend the daycare and he has noticed a positive interaction between his children and others in a group setting. Patricia Borden, 19942 Felcliff Lane, spoke in opposition of the item, concerned about property values. She also stated that there are currently sixteen (16) daycare facilities within the immediate area. Barbara Evanshen, 19971 Felcliff Lane, spoke in opposition to the item, stating that the daycare is detrimental to property values, would create noise problems, and would have a negative impact on businesses or those who work within the immediate area. Jack Genova, 5042 Dovewood Drive, spoke in favor of the item, stating that the Gossett's run a quality daycare, and that all parents are willing to work with the Gossett's on parking and related issues, in order to approve the CUP. DaNeil Gossett (no address provided), spoke in favor of the item, citing local noise ordinance compliance and consistency with the General Plan. She said that neighborhood meetings had been held, and that no complaints had been received. She also said that possible changes to property values are irrelevant because many property owners in the area do not keep up their property. Bruce Gossett, 8741 Adams Avenue, spoke in favor of the item, stating that real estate agents have been informing prospective property owners of the daycare facility since the early 1980's. Pete Evanshen, 19971 Felcliff Lane, spoke in opposition of the item, concerned about property values and parking problems. He also stated that there were many reputable daycare facilities within the area. Mike Bekins, 19951 Felcliff Lane, spoke in opposition to the item, stating the daycare facility was detrimental to residents and working individuals. He is concerned about property values and parking/traffic safety issues. Glenna Jones, 8721 Adams Avenue, spoke in opposition to the item. She is retired and lives next door to the daycare, citing noise and parking problems. She stated that she would not have purchased her property if plans to expand the daycare had been disclose to her. PC Minutes — 10/10/00 5 OOpcm 1010 Thomas Jones, 8721 Adams Avenue, spoke in opposition to the item, stating that the Zoning Administrator denied the application based on statements from residents. He also stated that if limited playtime hours were incorporated into the conditions of approval, that they would not be enforced. Gerry Olson, 16410 California, Bellflower, mother of the applicant, spoke in favor of the item, endorsing home setting daycare facilities. She stated that she visits her daughter often, that her daughter provides quality daycare, and complies with all laws and safety standards. Richard Rudolph, 9302 Comstock Drive, spoke in favor of the item, stating that the State Legislature preempts the City Zoning Ordinance and does not believe the City can deny the item. Steve McDonnell, 19822 Felcliff Lane, spoke in favor of the item. He lives eight (8) houses from the facility and said he has never noticed any traffic problems. Ginger McDonnell, 19822 Felcliff Lane, spoke in favor of the item, stating that she researched twenty-eight (28) daycare facilities before choosing the Gossetts. Sunshine Olsen, 8582 Arnett Drive, spoke in favor of the item. She says she has never witnessed any parking problems or heard excessive noise coming from the facility. Marty Ortiz, 20762 Kelvin, spoke in favor of the item, mentioning the facilities parking log that provides structure. She also stated that the State of California encourages home daycare facilities. Lisha Ortiz, 8425 Leeward Drive, spoke in favor of the item, stating her two children have been in the Gossetts care for three (3) years. Sean Finnegan, 1109 N. Lyon Street, Santa Ana, spoke in favor of the item, stating that neighboring streets create their own traffic problems that are not associated with the daycare facility. WITH NO FURTHER REQUESTS TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding traffic, parking and noise issues, and the impact on property values within the immediate area. The Commission asked Counsel if they agreed with the four (4) areas of concerns (spacing and concentration, traffic control, parking, noise control) outlined in a late communication item received from the Child Care Law Center. Counsel confirmed. The Commission also asked if they could approve or deny based on the number of siblings to be included in the headcount. Counsel explained that the request is conditional upon the number only, not relationship. The Commission suggested including the following conditions: 1) 6-month review by staff; 2) limit outdoor playtime hours to 11:00 a.m. to 12:00 p.m., and 4:00 p.m to 5:00 p.m.; 3) include three (3) driveway spaces; 4) delete Attachment No. 1.2, Item No. 2f. PC Minutes— 10/10/00 6 OOpFm1010— A MOTION WAS MADE BY KERINS, SECONDED BY LIVENGOOD, TO APPROVE APPEAL OF CONDITIONAL USE PERMIT NO.00-37 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Chapman, Biddle, Livengood, Speaker NOES: Mandic ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS AND CONDITIONAL OF APPROVAL - CONDITIONAL USE PERMIT NO. 00-37: 1. The large family daycare facility (up to 12 children) 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 proposed family day care is an expansion of use from an existing small family day care (up to 6 children) into a large family day care (up to 12 children). The use will be accommodated within the existing single-family residence and no physical alterations to the property are proposed as part of this project. The property can accommodate parking required by the Huntington Beach Zoning and Subdivision Ordinance since it has a two -car garage, a driveway that can accommodate three vehicles, and adjacent on -street parking. With the imposed conditions, the proposed day care home will not generate adverse noise or traffic impacts to the surrounding neighborhood. 2. The conditional use permit will be compatible with surrounding uses because required parking will be provided on the site and drop=off and pick-up parking is available along the street in front of the residence and in the driveway. Specific conditions, including limiting hours and days of operation, will minimize potential traffic and noise impacts resulting from the proposed day care use. 3. The proposed Conditional Use Permit No. 00-37 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 spepjific condition required for the proposed use in the district in which it would be located. No cQpsfruption is proposed as part of the establishment of the day care and the required parking cat' be accommodated on -site. 4. The granting of the conditional use lierinit will not adversely affect the General Plan. It is consistent with the Land Use Elemp4t designation of Residential Low Density on the subject property. In addition, it is consistont with the following goals and policies of the General Plan: a. Objective LU 9.4 — Provide for the inclusion of recreational, institutional, religious, educational and service uses that support resident needs within residential neighborhoods. PC Minutes — 10/10/00 7 00PCM1010 This project consists of a daycare facility that is a much needed service use and supports the neighborhood resident's daycare needs. b. Policy LU 9.4.1 — Accommodate the development of parks, sports facilities, schools, libraries, community meeting facilities, religious facilities, and similar community -serving uses in all residential areas, provided that they are compatible with adjacent residential uses and subject to review and approval by the City and other appropriate agencies. This project consists of a daycare facility that is a much -needed community serving use and is available to residents of the City of Huntington Beach. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 00-37: 1. The site plan, floor plans, and elevations received and dated June 6, 2000 shall be the conceptually approved layout. 2. Prior to the commencement of use (accepting more than 6 children for day care), the following requirements shall be met: a. The use shall comply with California State Fire Marshal Standards/Conditions for large family day care. (FD) b. The use shall receive approval of California Department of Social Services for day care use and submit a copy of the license to the Planning Department for inclusion into the entitlement file. (FD) c. Address numbers shall be installed to comply with City Specification 428. (FD) d. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code standards. (FD) e. A Certificate of Occupancy shall be issued for this use. (BD) f. Submit copy of the City Business License for the day care use to the Department of Planning. 3. The use shall comply with the following: a. Hours of operation shall be limited to between 7:00 AM and 5:30 PM Monday through Friday. b. Hours of outdoor supervised playtime shall be limited to between 11:00AM and 12:00 PM and 4:00 PM to 5:00 PM. PC Minutes—10/10/00 8 OOpcm 1010 c. No enrollment over 12 children, including operator and/or employee's children, shall be permitted at the day care home. d. Employees shall park in the garage or in the driveway to reduce impacts to on -street parking. e. All ingress and egress to the day care facility shall be through the front door. No foot traffic shall occur over adjacent properties. f. No signs identifying the day care facility shall be placed on the property. g. Loading and unloading of children from vehicles shall only be permitted on the driveway or on the public street directly in front of the residence. 4. A review of the use shall be conducted by the Staff within six (6) months of the issuance of the city business license to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. 5. 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. 00-37 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-37 shall become null and void unless exercised within one year of the date of final approval, that is October 10, 2001, 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. 00-37, 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 Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. PC Minutes—10/10/00 9 OOpcm1010- 5. The applicant shall submit a check in the amount of $43.00 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. 6. Traffic Impact Fees shall be paid at the time of issuance of a Certificate of Occupancy. (PW) THE COMMISSION REQUESTED A FIVE MINUTE RECESS B-4 ENTITLEMENT PLAN AMENDMENT NO.00-07 APPLICANT: Niko Black & Arash Sardarizadeh LOCATION: 5061 Warner Avenue, #A, Huntington Beach, CA 92648 (north side of Warner Avenue, east of Bolsa Chica Street) PROJECT PLANNER: Ron Santos • Entitlement Plan Amendment No. 00-07 request: To amend Conditional Use Permit No. 99-10 to allow dancing at Liquid Den, an existing establishment with live entertainment. Staff's Recommendation: Approve Entitlement Plan Amendment No. 00-07 with staffs suggested modifications, based upon the following: - Number of available parking stalls is adequate to meet the code requirements and the demand of parking generated by the addition of dancing. - No impacts to surrounding businesses will occur as a result of the addition of dancing because adequate parking is provided on site and on the adjacent parcel due to a reciprocal parking agreement. - The proposed amendment, as modified per staffs recommendation, is compatible with surrounding land uses and goals and policies of the General Plan.' Staffs Suggested Modifications: - Require paving and resurfacing of on -site parking areas prior to commencement of dancing. THE PUBLIC HEARING WAS OPENED: Ray Gutierrez, 196952 Bolsa Chica, restaurant owner of the adjacent property, spoke in.. _ opposition of the item sharing concerns over parking, and stating that reciprocal parking conditions were not being enforced. He alsb mentioned that patrons who visit the Liquid Den leave debris in the parking lot and damage the restroom facilities within his business. Niko Black, 5061 Warner Avenue, applicant and manager of the Liquid Den, spoke in favor of the item and explained that the dancing permit was required in order to comply with the . businesses entertainment permit. She stated that the Liquid Den provides three (3) tine the PC Minutes—10/10/00 10 00Pgr1010 security required on high -volume evenings. She said the parking area is maintained daily to clear debris, and that her business has never had a noise complaint. She also stated it would be difficult to have the paving resurfaced immediately because of the expense. WITH NO FURTHER REQUESTS TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued between the Commission and staff regarding code requirements for parking, exterior paint and signage. The Commission voiced concerns about the reciprocal parking sign not being visible to motorists, suggesting the sign be moved. Staff responded that no frontage signs on Warner Avenue were approved, and reciprocal parking was only associated with the adjacent office building. The Commission had concerns about the dividing wall between parking areas, including wall height and possible extension to the end of the property line. Commission and staff discussed the parking lot pavement conditions, debris collection, and landscape improvements. The Commission suggested the following be added to staffs conditions of approval: 1) the applicant comply with staffs recommendation to resurface the parking lot; 2) the applicant provide daily maintenance (clean-up) on the property; 3) the applicant relocate the east wall signage to allow visibility by motorists; 4) add decorative landscaping no greater than 42" in height as additional divider between parking lot areas. A MOTION WAS MADE BY KERINS, SECONDED BY SHOMAKER, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO.00-07 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Chapman, Biddle, Livengood, Speaker NOES: Mandic ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL -ENTITLEMENT PLAN AMENDMENT' NO.00-07i' FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Planning Commission finds that the proposed Entitlement Plan Amendment 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 15305 of the CEQA Guidelines, which PC Minutes—10/10/00 11 00PCM 1010 states that minor alterations in land use limitations that do not result in any changes in land use or density are Categorically Exempt. FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.00-07: l . Entitlement Plan Amendment No. 00-07 to allow dancing in conjunction with existing live entertainment, 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 parking lot improvements required as a condition of approval and the existing reciprocal parking agreement with the adjacent office property ensures the availability of adequate parking to serve the existing uses. 2. Entitlement Plan Amendment No. 00-07 to allow dancing in conjunction with existing live entertainment will be compatible with surrounding uses because the availability of adequate on and off -site parking ensures impacts on adjoining properties are minimized. The use, as occurring over the previous one-year period, has not been detrimental to surrounding uses and no adverse impacts are anticipated from the proposed addition of dancing. 3. The granting of Entitlement Plan Amendment No. 00-07 will not adversely affect the General Plan. The allowance for dancing, with conditions requiring parking lot improvements, is consistent with the Land Use Element designation of CG (Commercial General) on the subject property and the following goals and policies of the General Plan: a) Land Use Policy 4.2.1: Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations; including new, adaptively re -used, and renovated buildings. b) Land Use Policy 4.2.4: Require that all development be designed to provide adequate space for access, parking, supporting functions, open space, and other pertinent elements. c) Economic Development Policy 2.4.1: Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.00-07: 1. The floor plan dated July 28, 2000 shall be the conceptually approved layout. 2. The applicant shall submit a request to amend the existing Entertainment Permit to the Police Department to allow dancing. The Entertainment Permit shall be amended prior to commencement of dancing. 3. The following shall occur prior to commencement of dancing: a. The parking area at the rear of the drinking establishment shall be paved, the front lot idsttrfaced, and both lots striped (23 spaces) to comply with the Huntington Beach Zoning "d Subdivision Ordinance. A fully dimensioned site plan depicting proposed parking lot PC Minutes—10/10/00 12 OOpcm 1010 improvements shall be submitted to the Planning Department for review and approval prior to start of work. b. The applicant shall submit a plan, for review and approval by the Planning and Police Departments, showing exterior lighting to be provided in the parking area located behind the Liquid Den building. All lighting shall be installed in accordance with the approved plan. All fixtures shall be provided with energy saving lamps directed to prevent "spillage" onto adjacent properties. Lighting shall be provided each business day between the hours of dusk and close of business. c. A copy of an approved Entertainment Permit, as issued by the Business License Department, shall be submitted to the Planning Department. 4. The use shall comply with the following: a. Hours of operation shall be limited to Monday through Thursday: 6:00 PM to 12:00 AM; Friday and Saturday 6:00 PM to 1:00 AM; Sunday: 6:00 PM to 11:00 PM. b. All conditions of the Entertainment Permit as approved by the Police Department. c. Only the uses described in the narrative contained in the case files for CUP NO.99-10 and EPA 00-07 shall be permitted 5. A review of the use shall be conducted by staff 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 staffs review shall be transmitted to the Planning Commission on February 13, 2001. 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. 6. All previous conditions of approval of CUP No. 99-10 shall remain in effect and apply to EPA No. 00-07. 7. 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. 8. The applicant shall install a sign at the east site entrance indicating the availability of parking on the property to the east, prior to commencement of dancing. This sign shall be designed and oriented for viewing from vehicles positioned to enter the site via Warner Avenue. 9. A fence or hedge (or combination thereof) shall be maintained between the Liquid Den site and the property located contiguously to the west. This fence/hedge shall extend along the west property line, from the north property line to the public right-of-way, except where a zero building setback occurs, and shall be a minimum height of three foot — six inches. PC Minutes—10/10/00 13 OOPcm 1010 10. The applicant shall maintain the site in clean and orderly manner at all times, and shall be responsible for daily collection of all trash and debris on the property. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Entitlement Plan Amendment No. 00-07 shall not become effective until the ten calendar day appeal period has elapsed. 2. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 00- 07, pursuant to a public hearing for revocation, if any violation of these conditions, the Conditions of Conditional Use Permit No. 99-10, the Huntington Beach Zoning and Subdivision Ordinance or the Municipal Code occurs. 3. The applicant shall submit a check in the amount of $43.00 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-5 CONDITIONAL USE PERMIT NO.00-51: APPLICANT: LOCATION: PROJECT PLANNER: Katherine E. Rudy 17300 Beach Blvd. (Holland Center — east side of Beach Blvd., approximately 200 feet north of Holland Drive) Jane James • Conditional Use Permit No. 00-51 request: Permit the establishment of a tattoo business within an existing 1,050 square foot commercial suite Staff's Recommendation: Approve Conditional Use Permit No. 00-51based upon the following: - Compliance with zoning code and General Plan Land Use and Economic Development Elements which encourage business expansion in commercial districts - Applicant's ability and willingness to comply with Municipal Code regulations which require safe and sterile tattoo operations for the health and safety of both customers and operators - Business site is adequately buffered from residential apartment units to the east, is not expected to create undue noise, and is conditioned to utilize the rear door primarily for emergency exiting only and occasionally for employee entry from the rear parking lot Commissioner Biddle informed the Commission and staff that he would abstain from voting on this item since he owns property within the subject area. PC Minutes — 10/ 10/00 14 OOpcm1010 THE PUBLIC HEARING WAS OPENED: Katherine Rudy, 4963 Bellflower Blvd., Lakewood, applicant, spoke in favor of the item, informing the Commission that she has been a registered nurse for 18 years, and has been in the tattoo business for the past 25 years. Her husband is president of the National Tattoo Association, and co-chair of the Alliance of Professional Tattooist's. They currently have an existing business in Anaheim called Koolsville One, and said that the Huntington Beach location works well, stating there is only one (1) other licensed tattoo business within the City. She stated that all contact instruments are used only once, and that her business regulates waste management through the medical community. WITH NO FURTHER REQUESTS TO SPEAK, THE PUBLIC HEARING WAS CLOSED. The Commission discussed the hours of operation, age of consent for tattoos, and sterilization protocol. The Commission was concerned that the City's Municipal Code did not address blood born pathogens. Staff spoke with the County of Orange Health Department who informed them that current State legislation is pending with regard to tattoo establishment regulations and waste disposal, and that such establishments are not classified as "small quantity waste generators", therefore, are not subject to regulations realized by other small "medical " facilities. The Commission suggested that an age requirement of 18 and over be added to the Conditions of Approval. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KERINS, TO APPROVE CONDITIONAL USE PERMIT NO.00-51 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: Biddle MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 00-51 FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Planning Commission finds that 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 15305 of the CEQA Guidelines, which states that minor alterations PC Minutes—10/10/00 15 00pcm 1010 in land use limitations that do not result in any changes in land use or density are Categorically Exempt. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.00-51: 1. Conditional Use Permit No. 00-51 for the establishment, maintenance and operation of Koolsville II, a 1,050 square foot tattoo 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 the existing parking and site layout provide adequate parking and buffering from the existing apartment buildings located east of the subject property. In addition, based upon the conditions imposed, the tattoo establishment will comply with Huntington Beach Municipal Code Chapter 8.70, which establishes criteria, standards, and regulations to ensure safe and sterile tattoo operations for the health of both clients and operators of the tattoo business. Moreover, the conditions require the rear door of the business to remain closed at all times, to be utilized for emergency exiting only, and occasionally for access from the rear parking area to the store by employees. This restriction will minimize noise and loitering in the rear parking lot. 2. The conditional use permit will be compatible with surrounding retail, restaurant, and residential uses because the tattoo business is not anticipated to create undue noise, adequate parking is provided, the site is buffered from residential apartments to the east, and the rear door to the business is conditioned to remain closed at all times. 3. The proposed tattoo establishment 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. In addition, the business will comply with all standards and regulations of any State, County, and local laws, in particular, Huntington Beach Municipal Code Chapter 8.70, Tattooing Establishment and Operation Regulations, and any applicable standards of County of Orange Health Care Agency, Environmental Health. 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 General Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Policy 4.2.1: Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations; including new, adaptively re -used, and renovated buildings. Policy 4.2.4: Require that all development be designed to provide adequate space for access, parking, supporting functions, open space, and other pertinent elements. B. Economic Development Element PC Minutes—10/10/00 16 00PCM1010 Policy 2.4.1: Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. Establishment of Koolsville II meets all applicable zoning codes and development standards and allows the property owner to improve the long-term viability of the property. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-51: 1. The site plan, floor plans, and elevations received and dated August 8, 2000 shall be the conceptually approved layout. 2. Prior to commencement of tattooing the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 2) Address numbers shall be installed to comply with Fire Dept. City Specification No. 428. (FD) b. Obtain approval of a new Certificate of Occupancy from the Planning and Building and Safety Departments. c. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 3. The use shall comply with the following: a. The rear door of the business shall remain closed at all times. The rear door shall be utilized for emergency exiting only, and occasionally for access from the rear parking area to the store by employees. This restriction is intended to minimize noise and loitering in the rear parking lot. b. The business shall comply with all standards and regulations of any State, County, and local laws, in particular, Huntington Beach Municipal Code Chapter 8.70, Tattooing Establishment and Operation Regulations, and any applicable standards of County of Orange Health Care Agency, Environmental Health. c. Tattoo services shall not be offered or provided to any persons under the age of 18. 4. 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 PC Minutes—10/10/00 17 OOpcm 1010 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. 00-51 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-51 shall become null and void unless exercised within one year of the date of final approval which is October 10, 2001, 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. 00-51 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. 5. The applicant shall submit a check in the amount of $43.00 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. 6. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Planning Commission. 7. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 8. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. 9. Live entertainment is not permitted unless a conditional use permit for this specific use is reviewed and approved. 10. Alcoholic beverage sales or service is not allowed unless a conditional use permit for this particular use is reviewed and approved. PC Minutes—10/10/00 18 OOpcm1010 B-2 ZONING TEXT AMENDMENT NO.99-3/LOCAL COASTAL PROGRAM AMENDMENT NO.00-2 (DOWNTOWN PARKING MASTER PLAN UPDATE): APPLICANT: City of Huntington Beach LOCATION: Downtown Specific Plan — area generally bounded by Pacific Coast Highway, Sixth Street, Acacia Avenue, and Second Street PROJECT PLANNER: Wayne Carvalho Zonine Text Amendment No. 99-3 request: - Amend the Downtown Specific Plan by updating the Downtown Parking Master Plan. - Consolidate the two designated areas within the Master Plan. - Revise the commercial parking ratios and requirements. - Increase the overall development cap for the parking master plan area from 500,000 to 710,000 sq. ft. Local Coastal Program Amendment No. 00-2 request: - Amend the City's Local Coastal Program incorporating the changes to the Downtown Specific Plan. Staff's Recommendation: Approve Zoning Text Amendment No. 99-3 and Local Coastal Program No. 00-2 based upon the following: - General Plan goals and objectives that ensure development is adequately served by transportation infrastructure, utility infrastructure and public services. - Allow for increases in development capacity that are consistent with the types and densities of uses depicted on the Land Use Plan consistent with the General Plan, Downtown Specific Plan and Downtown Parking Master Plan. Allow continued downtown redevelopment consistent with the Huntington Beach Redevelopment Plan. Commissioners Shomaker, Mandic, and Speaker informed the Commission and staff that they would abstain from voting on this item since they own property within the subject area. THE PUBLIC HEARING WAS OPENED: Bob Bolen, 300 Main Street, spoke in opposition to the item, stating that he had not had a chance to review the information received by the Commission. He discussed code requirements and felt the land use legend included in the Parking Master Plan was incorrect. He requested a separate meeting to discuss amendments and deletions to the Plan, and disagreed with using the month of September to survey summer parking downtown Jim Lane, 127 Main Street, spoke in opposition to the item, stating that the survey was seriously flawed. He urged the Commission to postpone the item, and suggested that the City establish a "Parking Authority". PC Minutes—10/10/00 49 OOpcm 1010 Jeff Oderman, Rutan & Tucker, LLP, 611 Anton Blvd., 10 Floor, Costa Mesa, spoke in opposition to the item, outlining errors and omissions within the report. He stated questions had gone unanswered, that the peak demand numbers were wrong, and that it was impossible to correctly measure summer parking in September. He urged the Commission to postpone this item. Mike Adams, P.O. Box 382, Huntington Beach, spoke in favor of postponing the item. He voiced concerns about the shared parking concept, the balance between land use types and the revised parking ratios. He stated that the key factors to be considered are convenience, short- term parking, drop-off areas and major changes/additional demand for Block A. He also suggested that the bulk of parking be included in the area of need. WITH NO FURTHER REQUESTS TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Project Consultant Dick Kaku, Kaku Associates, gave a presentation and discussed the information included in the Downtown Parking Master Plan Update dated September 27, 2000. Staff noted corrections to the staff report, and informed the Commission that the California Coastal Commission must approve the proposed amendment. The Commission had several questions on the information provided in the report, including differences between the 1995 and 2000 Downtown Parking Master Plan reports, and discussed issues related to land use inventory, square footage, shared parking, parking ratios, periphery parking and block -by -block potential development analysis. The Commission was also concerned about the September survey used to survey summer parking. A MOTION WAS MADE BY BIDDLE, SECONDED BY LIVENGOOD, TO CONTINUE ZONING TEXT AMENDMENT NO.99-3/LOCAL COASTAL PROGRAM AMENDMENT NO.00-2 TO A SPECIAL MEETING ON TUESDAY, OCTOBER 17, 2000 AT 7:00 P.M., CITY COUNCIL CHAMBERS BY THE FOLLOWING VOTE: AYES: Kerins, Chapman, Biddle, Livengood NOES: None ABSENT: None ABSTAIN: Shomaker, Mandic, Speaker MOTION PASSED C. CONSENT CALENDAR None PC Minutes—10/10/00 20 OOpcm 1010 D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS None E-1 PLANNING COMMISSION COMMITTEE REPORTS None E-2 PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Shomaker - None Commissioner Kerins — complimented staff on the Status Report on Code Enforcement Violations for 2000 and wanted clarification on the term "miscellaneous violations. Staff will contact Commissioner Kerins to clarify and explain the term. Commissioner Kerins also commented on Study Session Item #1 (Sports Complex) regarding staffis recommendations to make significant changes to the parking lot landscaping element. Commissioner Kerins commented that the Design Review Board had approved the original parking lot landscaping, and that recommended changes should be approved by the Design Review Board as well. Staff stated that the final staff report would outline parking lot landscape comparisons for the Planning Commission to consider. Commissioner Mandic - None Commissioner Chapman — stated that he is receiving numerous phone calls from residents who live within the Ocean View School District regarding the new proposed gymnasium, and concerns over public usage. Commissioner Chapman stated that the new facility allows for an occupancy rate of 1200 people. He also inquired about the City's level of involvement with the School District and CEQA compliance. Staff explained that the City has no involvement with educational development, and that residents should forward their environmental concerns to the School District directly. Staff also stated that the School District has indicated to the City that all CEQA requirements will be met. It was also mentioned that the Office of the State Architect has control over educational facilities, and that building permits are filed within that office. Commissioner Biddle — made an inquiry to the Public Works Department several weeks ago regarding fading red curb at the southwest corner of Van Buren and Slater. Commissioner Biddle felt that this posed a potential safety hazard because cars were parking along the worn red curb. Staff stated that Commissioner Biddle's concerns have been reported to the Public Works Department for follow-up. PC Minutes—10/10/00 21 OOPcm1010 1 Commissioner Livengood - None Commissioner Sneaker - None F. PLANNING ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Principal Planner — reviewed items from the previous City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Senior Planner — reviewed items for the October 17, 2000 special Planning Commission meeting, and the October 24, 2000 regular Planning Commission meeting. G. ADJOURNMENT — Adjourn to a special meeting of the Planning Commission on October 17, 2000 at 7:00 p.m., City Council Chambers. A MOTION WAS MADE BY CHAPMAN, SECONDED BY KERINS, TO ADJOURN TO A SPECIAL MEETING OF THE HUNTINGTON BEACH PLANNING COMMISSION ON OCTOBER 17, 2000, BY THE FOLLOWING VOTE: AYES: Kerins, Chapman, Biddle, Livengood NOES: None ABSENT: None ABSTAIN: Shomaker, Mandic, Speaker MOTION PASSED HZ:HF:rl APPROVED BY: n oward Zelefsky, Secretary terald Chap Tanning Commission Chairperson PC Minutes — 10/10/00 22 OOpcm 1010