Loading...
HomeMy WebLinkAbout2001-04-24• C, J MINUTES Huntington Beach Planning Commission Tuesday, April 24, 2001 Huntington Beach Civic Center 2000 Main Street, Huntington Beach, California -92648 Study Session Room B-8 5:15 P.M. ECONOMIC DEVELOPMENT UPDATE — David Biggs COMMUNITY SERVICES UPDATE — Ron Hagan AGENDA REVIEW — Herb Fauland MAJOR PROJECTS UPDATE — Herb Fauland PUBLIC COMMENTS — None Regular Meetina" City Council Chambers 7:00 p.m. PLEDGE OF ALLEGIANCE P P P A P P P ROLL CALL: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, Borden AGENDA APPROVAL A. ORAL COMMUNICATIONS A-1. ORAL COMMUNICATIONS Jim Martin, 7542 Taylor Drive, Huntington Beach, spoke in reference to Agenda Item No. A-2 (Sports Complex) asserting that Hanson's Recycling Center is illegal under the terms of Measure C. Planning Commission Minutes Apri124, 2001 Page 2 A-2. DIRECTOR'S REPORT • CONDITIONAL USE PERMIT NO.00-601VARIANCE NO.00-24 (SPORTS COMPLEX): Applicant: Community Services Department, 2000 Main Street, Huntington Beach CA 92648 Request: The phased development of the approved Sports Complex. The phased development is necessary to allow the existing Hanson's Recycling facility to remain on a portion of the site. Phase I is to construct seven of the sports fields and allow the recycling facility to remain for a period not anticipated to exceed two years. Phase II is to allow the eighth sports field to be constructed upon relocation of the recycling facility. Location: South of TalbertAvenue, between Goldenwest Street and Gothard Street Project Planner: Ricky Ramos On October 24, 2000, the Planning Commission approved Conditional Use Permit No. 00-60 and Variance No. 00-24 to construct a sports complex on a 45-acre site in Central Park with the following amenities: a) eight (8) lighted softball fields overlaid with eight (8) soccer fields; b) two (2) 1,680 square foot concession stands/restroom buildings; c) one 900 square foot maintenance building; d) two (2) tot lots; and e) an 858 space parking lot. - The request also included walls and fences up to a maximum height of 30 feet in lieu of 3.5 feet within the front, interior side, and rear yards. A variance was approved to allow a 20 foot landscaped setback in lieu of 25 feet for an 85-foot portion along Gothard. On December 18, 2000, the City Council approved an appeal of Conditional • Use Permit No. 00-60 and Variance No. 00-24. The approval deleted a condition imposed by the Planning Commission which required a signalized pedestrian crosswalk on Goldenwest Street, adjacent to the Goldenwest Plaza. In lieu of this, the City Council included a condition recommended by the Public Works Commission to add a four foot high continuous fence along the west side of the meandering sidewalk within the sports complex adjacent to Goldenwest Street. The sports complex plans are in the final stages of plan check and staff anticipates commencing construction bid procedures soon. However, as explained in detail in the memo from the Community Services Department, a temporary modification to the site plan is necessary to allow the existing Hanson's Recycling facility to remain on a portion of the sports complex site for a period not anticipated to exceed two years after completion of Phase I. The proposal now is to construct seven of the sports fields in Phase I which would allow the recycling facility to remain. The eighth sports field will be constructed in Phase II upon relocation of the recycling facility. The Planning Department would like to know if the Planning Commission has any comments or concerns regarding the request. Staff directed the Commission to the project plans and presented a project update. AS THIS WAS A NON-PUBLIC ITEM, THE PUBLIC HEARING WAS NOT OPENED. • (01 p=0424) Planning Commission Minutes April 24, 2001 Page 3 A general discussion ensued with the Commission and staff concerning the establishment of Hanson's Recycling Center and the requirements as setforth by Measure C, as well as the City's mandate under AB939. Staff advised the Commission that the report was being brought forth to bring the Commission's attention to the fact that the project is now being phased in two stages and to solicit comments from the Commission. The Commission addressed concerns and moved to receive and accept the information as presented by staff. A MOTION WAS MADE BY LIVENGOOD, SECOND BY KERINS, TO RECEIVE AND ACCEPT CONDITIONAL USE PERMIT NO.00-601VARIANCE NO.00-24 WITH A SIX MONTH STATUS REPORT AND FORWARD TO THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Livengood, Kokal, Borden NOES:. None ABSENT: Mandic ABSTAIN: None B. PUBLIC HEARING ITEMS • B-1. APPEAL OF CONDITIONAL USE PERMIT NO.01-05 (EXPO DESIGN CENTER): Applicant: Riggs Thayer, Expo Design Center, 6912 Edinger, Huntington Beach CA ' 92648 Appellant: Ed Kerins, Planning Commissioner, 2000 Main Street, Huntington Beach CA 92648:-Property Owner: Gary Thomas, M&H Partners, 353 Sacramento Street, 21st Floor, San Francisco, CA 94111 Request: To permit temporary outdoor sales within a 40-foot by 90-foot tent a maximum of five (5) times a year, a maximum of.ten (10) days per event. In addition, to permit the year round outdoor display/retail sales of select merchandise along the front of the store during normal business hours. Location: 6912 Edinger (southwest comer of Edinger and Goldenwest) Protect Planner: Sandra Thornton ♦ Conditional Use Permit No. 01-05 request: - Permit temporary outdoor retail sales within a 40-ft. by 90-ft. tent a maximum five times a year, a maximum 10 days per event. - Permit outdoor retail salestdisplay along the store frontage during normal business hours, year round. ♦ Staff's Recommendation: Approve Conditional Use Permit No. 01-05 with modifications based upon the following: - General Plan goal to encourage the diversity of land uses to sustain the City's economic viability, while maintaining the City's environmental • resources and scale and character. (01 pern0424) Planning Commission Minutes April 24. 2001 Page 4 — Complies with Huntington Beach Zoning and Subdivision Ordinance Commercial General development standards. 0 — The potential impacts including traffic will be minimized by conditions imposed. ♦ Staffs Suggested Modifications: Conditional Use Permit 01-05 — The tent event shall be limited to a maximum four (4) times a year, a maximum ten (10) days per event. — The temporary outdoor retail sales within the tent will be enclosed on three sides to prevent items from being stored outside of the tent. — The outdoor retail sales/display area adjacent to the building will be surrounded by'a 42-inch high decorative fence to delineate the display area. — A five-foot pedestrian walkway will be maintained around the outdoor retail sales/display area adjacent to the building. Commissioner Borden stated that he would be abstaining from taking action on this item because of a financial conflict. The Commission expressed concern regarding parking requirements, shopping cart storage, length of time between events, and the potential for on -going issuance of permits along the Edinger Corridor. THE PUBLIC HEARING WAS OPENED: Mike Abbate, 6912 Edinger, applicant, thanked staff for the hard work and creative solutions in resolving problems. Mr. Abbate stated that the center would be an economic benefit to the City and urged the Planning Commissions approval. The Commission asked if the Design Center conducts tent sales in other communities; what the applicant's incentive was for the requested project; and the necessity for moving the carts inside versus continued outside storage. Riggs Thayer, 6912 Edinger, applicant, explained the operation of the proposed project stating that the events would be seasonal and likely to occur within the months of April through October. Mr. Thayer emphasized that the Karastan Carpet tent sales will yield a significant volume of sales by virtue of the additional foot traffic and exposure, thus increasing their clientele. He stated that a 24-hour security guard would be on the site during the tent sales events. Commissioner Hardy asked where they would place the carts that are currently being placed outside. Mr. Thayer responded that they don't have an answer at this time and are working on a solution. Francis Chu, 15101 Redhill Avenue, Tustin, architect, stated that parking currently accommodates approximately 778 spaces. He indicated that he was available to answer any questions. • (01 p=0424) Planning Commission Minutes April24, 2001 Page S THERE WERE NO OTHERS PRESENT TO SPEAK FOR OR AGAINST THE • REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Kerins, appellant, responded to staffs analysis of the appeal issues as presented in the Staff Report. The Commission and staff engaged in discussions concerning Design Review Board (DRB) approval of the tent color, the existing variance for the parking lot; the reduction of 21 parking spaces; Code Enforcement issues; setting a precedence and the impact of businesses throughout the City conducting tent sales in the future; the impact on the City's attempt to upgrade the Edinger Corridor; prohibiting outdoor sales; the need for security guards 24 hours a day during the tent sales events; the need to condition a Sunset Clause for three years; and prohibiting concurrent sales. The Commission further stated that the findings should be modified to reflect that a parking variance currently exists on the site. A MOTION WAS MADE BY KERINS, SECOND 13Y LIVENGOOD, TO APPROVE CONDITIONAL USE PERMIT NO.01-05 WITH MODIFIED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Livengood, Kokal NOES: None ABSENT: Mandic • ABSTAIN: Borden C7 FINDINGS - CONDITIONAL USE PERMIT NO.01-05: 1. Conditional Use Permit No. 01-05 for the establishment, maintenance and operation of the temporary outdoor sales within a 40-ft. by 90-ft. tent four times a year, 10 days per event 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 outdoor sales within the tent will be enclosed on three sides to prevent items from being stored outside the tent. This will also ensure that the traffic flow around the tent is not impeded by retail items. 2. The conditional use permit will be compatible with surrounding uses because outdoor sales within the tent will be located in a manner that will not impede vehicular traffic. 3. The proposed Conditional Use Permit No. 01-05 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. Although Conditional Exception (Variance) No. 88-44 allowed a 172 space parking reduction, and the tent event will occupy approximately 20-22 parking spaces, the project complies with all zoning requirements including parking and setbacks. Additional parking is not required for outdoor tent events. (01p=0424) Planning Commission Minutes April 24, 2001 Page 6 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 Commercial General on the subject property. In addition, it is consistent with the following goal of the General Plan: a. Goal LU 7 — Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. This project allows Expo Design Center to promote seasonal retail items on a temporary basis in the tent structure. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO, 01-05: 1. The detailed site plan received and dated February 27, 2001 and the overall site plan dated January 18, 2001 shall be the conceptually approved layout with the following modifications: a. The tent structure shall be enclosed on three (3) sides to prevent items from being stored outside the perimeter of the tent. b. All references to outdoor retail sales adjacent to the building shall be removed from the plans. 2. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be • posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) b. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. c. Hours of operation of the temporary outdoor sales within the tent shall be limited to the current business hours (Monday — Friday 8AM to 9PM, Saturday 9AM to 7PM, Sunday 10AM to 6PM). d. The temporary outdoor sales within the tent shall be permitted four (4) times a year, ten (10) days per event. The applicant shall notify the Code Enforcement division in writing ten (10) days prior to each event. e. The applicant shall obtain all applicable permits from the fire department prior to each tent sale. f. No signage shall be permitted on the tent structure. g. Prior to commencement of the first tent event, submit a copy of the revised site plan pursuant to Condition No. 1 to the Planning Department for inclusion in the entitlement file. h. A security guard shall be posted 24 hours a day during the tent events. (PC) • (01 p=0424) Planning Commission Minutes April 24, 2001 Page 7 • i. The dates for the outdoor retail sales within the tent may not be contiguous. (PC) 3. A review of the use shall be conducted by the Staff with a public hearing and report to the Zoning Administrator within one (1) year of the date of final approval (April 24, 2002) to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that time the Zoning Administrator may consider modifications to the conditions of approval. 4. The permanent outdoor retail sales/display adjacent to the building shall be prohibited. (PC) 5. Prior to commencing the tent event, the tent structure shall be reviewed and approved by the Design Review Board. (PC) 6. Three (3) years from.the date of approval (April 24, 2004) the Conditional Use Permit for the temporary outdoor sales within the tent shall expire. (PC) 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 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 Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement • reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 01-05 shall not become effective until the ten -calendar day appeal period has elapsed. - 2. Conditional Use Permit No. 01-05 shall become null and void unless exercised within one year of the date of final approval which is April 24, 2002, 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. 01-05, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 5. 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. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction • shall be prohibited Sundays and Federal holidays. (01p=0424) Planning Commission Minutes April 24, 2001 Page 8 All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be obtained from the Planning Department. Violations of this ordinance requirement may result in permit revocation, recovery C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED FEBRUARY 13, 2001 A MOTION WAS MADE BY KERINS, SECOND BY HARDY, TO APPROVE PLANNING COMMISSION MINUTES DATED FEBRUARY 13, 2001, BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Livengood, Kokal NOES: None ABSENT: Mandic ABSTAIN: Borden MOTION PASSED C-2. PLANNING COMMISSION MINUTES DATED FEBRUARY 27, 2001 A MOTION WAS MADE BY KERINS, SECOND BY LIVENGOOD, TO APPROVE PLANNING COMMISSION MINUTES DATED FEBRUARY 27, 2001, BY THE FOLLOWING VOTE: AYES: Kerins, Shomaker, Livengood, Kokal NOES: None ABSENT: Mandic ABSTAIN: Hardy and Borden MOTION PASSED C-3. PLANNING COMMISSION MINUTES DATED MARCH 13, 2001 A MOTION WAS MADE BY KERINS, SECOND BY HARDY, TO APPROVE PLANNING COMMISSION MINUTES DATED MARCH 13, 2001, BY THE FOLLOWING VOTE. - AYES: Hardy, Kerins, Shomaker, Livengood, Kokal NOES: None ABSENT: Mandic ABSTAIN: Borden MOTION PASSED (01 p=0424) is • • Planning commission Minutes Apd124, 2001 Page 9 D. NON-PUBLIC HEARING ITEMS None. E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS None. E-2. PLANNING COMMISSION INQUIRIESICOMMENTS Commissioner Hardy — announced that the Planning Commission - representatives, who participated in the Literacy Volunteers of America/Huntington Valley "Trivia Challenge 2001A on Friday, March 30,- 2001, tied for second place and won the third -place trophy. Commissioner Kerins — asked staff if the Zoning Administrator conditioned an annual review of Conditional Use Permit No. 01-05 (Expo Design Center). Staff stated that a review was conditioned. Asked staff what can be done concerning the eyesore at the southeast comer of Magnolia Street and Adams Avenue. Staff stated that they would report back. Asked staff if the Wildlife Center is in compliance. Staff stated that there is one outstanding issue. Commissioner Shomaker - None Commissioner Mandic -Absent Commissioner Livennood — announced that he will not be able to attend the May 8, 2001 Planning Commission meeting. Commissioner Livengood suggested that the numerous noncompliance issues at Jockey Circle be reviewed at a future study session. Commissioner Kokal — announced that the Shipley Nature Center group toured the 2.5-acre Environmental Center in Newport Beach and encouraged the Commissioners to do the same. Commissioner Kokal stated that potential exists there for ideas to be incorporated at the Shipley Nature Center. Commissioner Borden — thanked the Commissioners and staff for assisting him during his transition to serve on the Planning Commission. F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING • Scott Hess. Principal Planner— reported that there were no Planning Department items at the last City Council meeting. (01 p=0424) Planning Commission Minutes April 24, 2001 Page 10 F-2. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Senior Planner — reviewed items for the May 8, 2001 regular Planning Commission meeting. G. ADJOURNMENT: Adjourn to the May 8, 2001, Planning Commission meeting. A MOTION WAS MADE BY LIVENGOOD, SECOND BY KERINS, TO ADJOURN TO THE NEXT REGULARLY SCHEDULED PLANNING COMMISSION MEETING ON TUESDAY, MAY 8, 2001 AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Kokal; Hardy, Livengood, Borden NOES; None ABSENT: Mandic ABSTAIN: None MOTION PASSED HZ: HF: rmk APPROVED BY: H rd Zelefsky, ecretary (01 p=0424) 4JShtomaker, Acting Chairperson • • •