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HomeMy WebLinkAbout2001-05-22MINUTES Huntington Beach Planning Commission Tuesday, May 22, 2001 Huntington Beach Civic Center 2000 Main Street, Huntington Beach, California 92648 Study Session Room B-8 5:15 P.M. SOUTHEAST COASTAL REDEVELOPMENT PRELIMINARY PLAN — Gus Duran, Economic Development CONDUCT OF PUBLIC HEARINGS — Scott Hess ZONING MAP AMENDMENT NO.01-01 — HUNTINGTON BEACH HOSPITAL GENERAL PLAN CONSISTENCY (AGENDA REVIEW) — Ricky Ramos. AGENDA REVIEW — Jane James PUBLIC COMMENTS Regular Meeting City Council Chambers 7:00 p.m. PLEDGE OF ALLEGIANCE - Violet Cowden led the audience and Commission Members in the Pledge of Allegiance and delivered a short prayer in honor of Memorial Day on May 28, 2001. P P P P P P P ROLL CALL: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, Borden AGENDA APPROVAL A. ORAL COMMUNICATIONS None. PC Minutes May 22, 2001 Page 2 B. PUBLIC HEARING ITEMS B-1. ZONING MAP AMENDMENT NO.01-01 (HUNTINGTON BEACH HOSPITAL GENERAL PLAN CONSISTENCY): Applicant: City of Huntington Beach Request: To rezone the Huntington Beach Hospital complex from CO (Office Commercial) to PS (Public -Semipublic) to make the zoning designation consistent with the General Plan land use designation. Location: Southeast comer of Beach Boulevard and Newman Avenue Project Planner: Ricky Ramos Zoning Map Amendment No. 01-01 request: - City -initiated rezoning of the 13.8 acre Huntington Beach Hospital complex from CO (Office Commercial) to PS (Public -Semipublic) in order to bring the zoning designation of the site into conformance with the existing General Plan land use designation of P (Public). Staffs Recommendation: Approve Zoning Map Amendment No. 01-01 with findings and forward it to the City Council based upon the following: - It will bring the property into conformance with the existing General Plan designation and is consistent with City Council direction resulting from the 1996 General Plan update. - The proposed PS zoning district is a better reflection of the actual use of the site as a public facility. - Approval of the request will not have any adverse environmental impacts. Zoning Map Amendment No. 01-01 is within the scope of the previously certified EIR 94-1 for the comprehensive General Plan update. 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. Staff made a presentation to the Commission. THE PUBLIC HEARING WAS OPENED: John Glowacz spoke in opposition to the item objecting to public parking being made available in the middle of a medical development, thereby eliminating 100 parking spaces for medical patrons. Kelli Trachtman spoke in favor of the item as long the medical offices comply with zoning regulations. She also stated that allowing public parking within the structure would not interfere with parking for medical patrons. GAMinutes\01 p=0522 PC Minutes May 22, 2001 Page 3 Commissioner Kokal asked how many cars are parking in the facility on a regular basis. Ms. Trachtman answered that the structure has 240 spaces with the dealership using 112 for an occupancy rate of 25 percent. Commissioner Hardy asked what percentage of business offices are occupied. Ms. Trachtman answered approximately 85 percent. WITH NO ONE ELSE PRESENT TO SPEAK ON THE ITEM, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding parking requirement calculations and vehicle storage regulations. Staff explained the rezoning process of CO (Office Commercial) to PS (Public^Semipublic) in order to bring the zoning designation of the site into conformance with the existing General Plan land use designation of P (Public). A MOTION WAS MADE BY KERINS, SECOND BY HARDY, TO APPROVE ZONING MAP AMENDMENT NO. 01-01, BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Mandic, L'nrengood, Kokal, Borden NOES: None ABSENT: - None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO.01-01: Zoning Map Amendment No. 01-01 to change the zoning of the 13.8 acre Huntington Beach Hospital Complex located at Beach and Newman from the current zoning designation of CO (Office Commercial) to PS (Public - Semipublic) is consistent with the objectives, policies,_ general land uses and programs specified in the General Plan. The subject location has a General Plan designation of P (Public). 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 including: a. Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. (LU 7.1.1) b. Provide for the continuation of existing and development of new uses, such as governmental administrative, public safety, human service, cultural, educational, infrastructure, religious, and other uses that support the needs of existing and future residents and businesses. (LU 13.1) c. Allow for the continuation of existing public and private institutional, cultural, educational, and health uses at their present locations and GAMinutes\01 p=0522 PC Minutes May 22, 2001 Page 4 development of new uses in areas designated on the Land Use Plan Map in accordance with Policy LU 7.1.1. (LU 13.1.1) 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 providing 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 City determined that a P (Public) land use designation would better reflect the actual use of the subject site. The Zoning Map Amendment from CO (Office Commercial) to PS (Public - Semipublic) will also better reflect the actual use of the site. It will facilitate the continued existence of the hospital complex and the provision of services which have been offered to residents in the community. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The site is presently designated on the General Plan as P (Public); the proposed rezoning action will bring the subject site into conformity with the current General Plan designation. 5. The Planning Commission finds that Zoning Map Amendment No. 01-01 is covered within the scope of Environmental Impact Report No. 94-1 which was certified by the City Council on May 13, 1996 and that no further environmental review is required. B-2. CONDITIONAL USE PERMIT NO.01-20 (ARRIBA BAJA CANTINA): Applicant: Chris Fredricksen Request: To permit outdoor dining, alcohol sales, and live entertainment consisting of a one to three piece band or disc jockey providing a variety of entertainment, including reggae, jazz, and Latin music at Arriba Baja Cantina. Location: 126 Main Street, Suite #201 (southeast comer of Main Street and Walnut Avenue) Protect Planner: Paul Da Veiga Conditional Use Permit No. 01-20 request: - Establishment and operation of an outdoor dining area in conjunction with a previously approved restaurant use within an existing second floor deck. - Establishment of general alcohol sales in conjunction with the restaurant use. - Approval of live entertainment including amplified and non -amplified music consisting of a one to three piece band and/or disc jockey performing reggae, jazz, and Latin music to patrons of the restaurant. GAMinutes101 p=0522 PC Minutes May 22, 2001 Page 5 • Staffs Recommendation: Approve Conditional Use Permit No. 01-20 based upon the following: - Provides additional entertainment and services to the citizens of Huntington Beach; with conditions imposed, restaurant use will not impact surrounding properties. - - - Consistent with the visitor serving commercial designations adopted for the site. - No anticipated adverse noise impacts. - No history of code enforcement complaints or violations at the site. Request is supported by Police Department. Consistent with the. Mixed Use General Plan Land Use designation. Complies with -public open space and parking requirements within the Downtown Specific Plan. No anticipated adverse impacts to pedestrian or vehicular circulation pattems. With reduction of outdoor dining area to a maximum _400 sq. ft., no additional parking will be required. Vice Chairperson Shomaker excused herself from action on Items B-2 and B-3 due to a conflict of interest. Chairperson Mandic and Commission Member Kerins disclosed that both had visited the project site. Commission Member Hardy disclosed that the item was discussed in her classroom at school. Staff made a presentation to the Commission. THE PUBLIC HEARING WAS OPENED: Chris Fredrickson, applicant, approached the podium to answer questions. The Commission had none. Mike Adams discussed outdoor open space and how it relates to the restaurant's accessibility. He voiced concerns about the conditions of approval related to construction activity. He advised the Commission that the doors entering the business will be closed during hours of live entertainment, helping to inhibit noise. Mr. Adams requested that conditions 4.h. and 4.i. be deleted. The Commission asked about problems associated with an outside bar and balcony. Mr. Adams referred to Hurricanes as a local business with an outdoor balcony, and that the Police Department has addressed potential problems associated with outdoor balconies. WITH NO ONE ELSE PRESENT TO SPEAK ON THE ITEM, THE PUBLIC HEARING WAS CLOSED. GAMinuteMlp=0522 PC Minutes May 22, 2001 Page 6 Discussion ensued regarding entertainment permit and Alcoholic Beverage Control regulations, issues related to Public Open Space and the Downtown Specific Plan, outdoor patio dimensions and entertainment cover charge fees. The Commission inquired if the Police Department supported the hours of entertainment. Staff stated that the Police Department supports the suggested hours, as long as dancing is not allowed. Staff also stated that no entertainment cover charge would be imposed on customers who dine outdoors. A MOTION WAS MADE BY LIVENGOOD, SECOND BY BORDEN, TO APPROVE CONDITIONAL USE PERMIT NO.01-20 WITH REVISED CONDITIONS REGARDING IN -LIEU PARKING FEES AND BUILDING STRUCTURE, BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Mandic, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: Shomaker MOTION PASSED A MOTION WAS MADE BY BORDEN TO RECONSIDER THE ORIGINAL MOTION BY DELETING CONDITION OF APPROVAL NO.1.B. FOR CONDITIONAL USE PERMIT NO.01-20. WITH NO SECOND, THE MOTION WAS WITHDRAWN. FINDINGS AND CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.01-20 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: 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 15301 of the CEQA Guidelines, which states that operation and minor alteration to existing structures involving negligible or no expansion are exempt from further environmental review. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-20: 1. Conditional Use Permit No. 01-20 for the establishment and operation of outdoor dining, alcohol sales and entertainment within the existing 4,164 second floor of a 9,432 square foot three-story commercial building 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 G AMinutes\01 p=0522 PC Minutes May 22, 2001 Page 7 neighborhood. With the conditions imposed, the proposed uses will not create adverse noise or parking impacts to the surrounding businesses and residents. 2. The restaurant use with alcohol sales and entertainment will be compatible with surrounding uses. The restaurant will be required to comply with strict conditions of approval imposed and monitored by the Planning Department, Alcoholic Beverage Control (ABC) and Huntington Beach Police Department to assure impacts to surrounding properties are minimized. 3. The proposed restaurant 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 will be located. The use of the first floor will comply with parking, floor area ratio, and building occupancy/exiting requirements. 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 Mixed Use on the subject property. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.01-20: 1. The site plan and floor plan received and dated March 30, 2001 shall be the conceptually approved layout with the following modifications: a. The floor plan shall be amended to specify areas reserved for public open space. A minimum of 545 square feet of public open space shall be provided on the subject site. b. The access to the outdoor dining area to the north of the existing stairway shall allow for general public access to the outdoor dining area. c. The floor plan shall be amended to allow for a maximum of 400 square feet of outdoor dining area within the outdoor deck. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. An "Acceptance of Conditions" form shall be properly executed by the applicant and an authorized representative of the owner of the property, GAMinutes101p=0522 PC Minutes May 22, 2001 Page 8 and returned to the Planning Department for inclusion in the entitlement file. b. A Fire Protection Plan shall be submitted for Fire Department review and approved pursuant to City Specification No. 426. (FD) 4. Prior to issuance of a Certificate of Occupancy, the following shall be completed: a. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) b. Address numbers shall be installed to comply with City Specification No. 428: (FD) c. 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. The restaurant operator shall monitor placement of chairs, trays, carts to assure access to aisles and exit doors are not obstructed. A plan shall be implemented to control the stated occupant load, prevent crowding and controlling unruly persons. (FD) d. An automated fire sprinkler and fire alarm system shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) e. Food preparation fire protection shall be submitted as separate plans for permits to the Building Department for routing to the Fire Department. (FD) f. All signs shall be brought into compliance with the Chapter 233 of the Huntington Beach Zoning & Subdivision Ordinance and Downtown Design Guidelines. g. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. h. 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. 5. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 6. Prior to commencing live entertainment activities, a copy of an approved Entertainment Permit, as issued by the Police Department, shall be submitted to the Planning Department. GAMinutes101 p=0522 PC Minutes May 22, 2001 Page 9 7. - The use shall comply with the following: a. Hours of operation for the restaurant shall be limited to the following: 1). Sunday - Wednesday 2)., Thursday - 3). Friday - Saturday 11:00 AM -12:00 AM 11:00 AM —1:00 AM 11:00 AM -1:30 AM b. All alcoholic beverage servers shall attend either a "LEADS" training provided by the State Alcoholic Beverage Control, 28 Civic Center Plaza #369, Santa Ana, CA 92701; or a "Responsible Beverage Control" training provided by the Community Service Program, 12668 Hoover St., Garden Grove, CA 9284. A file will be maintained on the premises documenting employee's completion of such training, and made available to the Police Department upon demand. (PD) c. Alcoholic beverages shall only be permitted to be served while the restaurant kitchen is in operation. d. There shall be no line formation or queuing of customers at the entrance to the restaurant. e. There shall be no dumping of trash to outdoor dumpsters between 8:00 PM and 7:00 AM. f. All conditions of the Entertainment Permit as approved by the Police Department. 8. A review of the use shall be conducted by staff within six (6) months of the issuance of Certificate of Occupancy to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. - 9. 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.. 01-20 shall not become effective until the ten - calendar day appeal period has elapsed. GAMinutes101p=0522 PC Minutes May 22, 2001 Page 10 2. Conditional Use Permit No. 01-20 shall become null and void unless exercised within one year of the date of final approval which is May 22, 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. 01-20 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 Division, 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. 7. 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. 8. 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. 9. State -mandated school impact fees shall be paid prior to issuance of building permits. 10. An encroachment permit shall be required for all work within the right-of- way. (PW) 11. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. B-3. CONDITIONAL USE PERMIT NO.01-16 AND SPECIAL PERMIT NO.00-02 (INKA GRILL): Applicant: Kevin Ives, Inka Grill Request: CUP: To allow live entertainment, such as Latin jazz, salsa, flamenco dance demonstrations, disc jockey, Peruvian music, and a one to four piece band at Inka Grill. SP: To permit an outdoor dining awning at a zero foot setback in lieu of the five foot setback required along Olive Avenue. Location: 301 Main Street, Suite 101 GAMinutes101 pcm0522 PC Minutes May 22, 2001 Page 11 (Plaza Almeria — west side of Main, between Olive and Orange) Project Planner: Jane James • . Conditional Use Permit No. 01-15 request: - Live entertainment, such as, Latin jazz, salsa, flamenco dance demonstrations, disc jockey, Peruvian music, and a one to four piece band at Inka Grill restaurant. • Special Permit No. 00-02 request: - Outdoor dining patio cover at a zero foot setback in lieu of the five foot setback required along Olive Avenue. • Staffs Recommendation: Approve Conditional Use Permit No. 01-15 based upon the following: - Provides additional entertainment and services to the citizens of Huntington Beach; with conditions imposed, restaurant use will not impact surrounding properties. - Consistent with Visitor Serving Commercial General Plan and Zoning designations adopted for the site. - Separated from upstairs residential uses by concrete deck and utility shafts. No anticipated adverse noise impacts. No history of code enforcement complaints or violations at the site. Request is supported by Police Department. Deny Special Permit No. 00-02 based upon the following: Common open space is required to be unobstructed from the ground to the sky. - Awning is too bulky and intense and will block views of other tenants along Olive Avenue. Awning style compromises architectural integrity of original Spanish Mediterranean Village Design. Chairperson Mandic excused herself from action on this item due to a conflict of interest. Commission Members Kerins, Livengood and Borden disclosed that they had toured the project site. Commission Member Hardy disclosed that the item_ was discussed in her classroom at school. Staff made a presentation to the Commission. THE PUBLIC HEARING WAS OPENED: Kevin Ives, applicant, spoke on behalf of the Inka Grill and informed the Commission that the restaurant was under new management for an improved level of service. He discussed how the outdoor window awnings would enhance GAMinutes101 p=0522 PC Minutes May 22, 2001 Page 12 Main Street and attract businesses from other parts of the County to the downtown. He explained plans to mount space heaters with sprinklers on the building to warm patrons who dine outside. He also outlined the musical theme of Latin and jazz, live flutes and guitars, and that such music would not violate the City's noise ordinance requirements. Manuel Benavente, a Plaza Almeria resident, spoke in opposition to the item stating that he experiences problems with noise and vibrations from exhaust blowers inside the Inka Grill Restaurant. Basia Secousse, a Plaza Almeria resident, spoke in opposition to the item voicing concerns about noise problems not only with the Inka Grill, but several other adjacent businesses (delivery trucks, etc.). She said that she has made several complaints about noise to the Police Department. She also mentioned that audio speakers mounted on Olive Street cause annoying vibrations. The Commission inquired if the speaker knew that the Conditions, Covenants and Restrictions (CC&R's) for Plaza Almeria homeowners included disclosure about live entertainment uses. The speaker replied no. Dave Goodrich, a Plaza Almeria resident, stated that a multi -use property should work for all parties affected. He stated that delivery trucks and sidewalk steam cleaners for downtown businesses increase noise problems. He also mentioned that downtown patrons who park along a Street are loud when returning to their cars late at night. Marcus Kemmer representing Robinson Hill outlined the three (3) objectives of the awning proposal: 1) vitalize Olive Street during winter months; 2) transition of proportion and scale (light structure); and 3) provides a horizontal lid that will squelch noise. Rhonda Rohrabacher spoke in support of live entertainment. Mike Adams, JT Development, spoke in favor of the item explaining that with Plaza Almeria so different in design, open space issues must be addressed uniquely. He favors window awnings because they protect patrons from outdoor elements and mentioned that this 3-story building needs a visual break, referencing Pierside Pavilion as an example. WITH NO ONE ELSE PRESENT TO SPEAK ON THE ITEM, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding the hours of live entertainment, noise complaints received by Plaza Almeria residents, and whether or not the City researched downtown uses to include all aspects of activity downtown in the CC&R's signed by Plaza Almeria homeowners. The Commission inquired about rain run-off relative to the awning request, and if the awning request complies with the goals of the General Plan. GAMinutes101 p=0522 PC Minutes May 22, 2001 Page 13 The Commission requested that staff research the content of the Plaza Almeria CCRR's to ensure language on live entertainment is included. A MOTION WAS MADE BY KERINS, SECOND BY BORDEN, TO APPROVE CONDITIONAL USE PERMIT NO.01-15/SPECIAL PERMIT NO.00-02 WITH REVISED CONDITIONS REGARDING LIVE ENTERTAINMENT HOURS OF OPERATION BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: Shomaker, Mandic MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 01-15/SPECIAL PERMIT NO.00-02 FINDINGS FOR PROJECTS EXEMPT FROM CE 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 15301 of the CEQA Guidelines, which states that operation and minor alteration to existing structures involving negligible or no expansion are exempt from further environmental review. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 0045 : 1. Conditional Use Permit No. 01-15 for the establishment, maintenance and operation of live entertainment at an existing restaurant and bar 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. With the conditions imposed, the proposed live entertainment use will not create adverse noise or parking impacts to the surrounding businesses and residents. 2. The conditional use permit will be compatible with surrounding uses because the Plaza Almeria structure was originally constructed with built-in utility shafts to separate impacts from retail and restaurant tenants to residential units. In addition, the restaurant will be required to comply with strict conditions of approval imposed and monitored by the Planning Commission, Alcoholic Beverage Control (ABC) and Huntington Beach Police Department to assure impacts to surrounding properties are minimized. For instance, the Entertainment Permit conditions require one security guard, all doors to remain closed, and entertainment to not be audible 50 feet beyond the boundary of the site. GAMinutes101 p=0522 PC Minutes May 22, 2001 Page 14 3. The proposed live entertainment 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 including the special permit approved concurrently for the encroachment of the outdoor dining awning into the required street side setback. 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- F6-sp-pd (Mixed Use Vertical-1.5 FAR -specific plan overlay -pedestrian overlay) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Goal LU 10 Achieve the development of a range of commercial uses. 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 local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. Policy LU 10.1.8 Require that entertainment, drinking establishments, and other similar uses proved adequate physical and safety measures to prevent negative impacts on adjacent properties. Goal LU 11 Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. Objective LU 11.1 Provide for the development of structures that integrate housing with commercial uses, and ensure the compatibility of these uses. B. Urban Desiqn Element Policies UD 1.1.2: Reinforce Downtown as the City's historic center and as a pedestrian -oriented commercial and entertainment/recreation district. C. Coastal Element Policy 9.5.2.5: Protect, encourage, and where feasible provide visitor serving facilities in the coastal zone which are varied in type and price. The Plaza Almeria mixed -use project is located in the Downtown area of Huntington Beach. The design of the building with its retail uses facing Main Street and Olive Avenue was originally designed to encourage pedestrian activity from the pier and PCH to progress further up Main GAMinutes\01 p=0522 PC Minutes May 22, 2001 Page 15 Street. As required by code, the residential units are completely separated from commercial activities with separate entrances and parking facilities. Although office suites are provided on the top level of the complex, all retail and restaurant spaces are located on the ground floor. Unique construction techniques were included in the original design to separate noise, refuse, and restaurant odors from the residential properties. Separate utility wells and vents house commercial infrastructure so that no portion of the retail activities comes into contact with the residential areas. The subject site also has a pedestrian overlay designation in the General Plan. A key component to expanding the pedestrian activity in a downtown beach community is the provision of restaurants with outdoor dining and additional visitor serving commercial uses. This request for live entertainment contributes to the project's effectiveness in meeting the goals and objectives of the General Plan. The proposed live entertainment will allow Inka Grill to offer music and entertainment and expand their customer base. Approval of the request will add to the range and diversity of uses and services offered to Huntington Beach citizens and will also serve to draw visitors to the establishment. FINDINGS FOR APPROVAL — SPECIAL PERMIT NO.00-02: 1. The granting of Special Permits (pursuant to Section 4.1.02 of the DTSP) in conjunction with Conditional Use Permit No. 00-15 (live entertainment) is to permit an outdoor dining patio cover at a zero foot street side yard setback along Olive Avenue in lieu of five feet setback as required by code. This Special Permit results in a greater benefit from the project and promotes a better living environment because the awning provides protection from the elements for diners and the original integrity of the Spanish Mediterranean Village architecture is not compromised. 2. The granting of the Special Permit will provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design because the awning colors and materials are compatible with the existing Plaza Almeria architecture and will encourage more outdoor dining business. 3. The granting of the Special Permit will be consistent with objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment because the awning will be compatible with Plaza Almeria's architecture and outdoor dining opportunities in the downtown will be enhanced. GAMinutes101pcm0522 PC Minutes May 22, 2001 Page 16 CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-15 AND SPECIAL PERMIT NO. 00-02: 1. The awning site plan, floor plans, and elevations received and dated September 22, 2000 and the live entertainment floor plan received and dated March 15, 2001 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, submit 8 inch by 10 inch colored photographs of all colored renderings and elevations to the Planning Department for inclusion in the entitlement file. 4. The structure cannot be occupied and the final building permit(s) cannot be approved, until the following has been completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) 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. Exit pathways remain unobstructed. Chairs, trays, and tables must not be placed in exit pathways. There shall be no breech of occupant load. Post occupant load sign near entry. Patron safety system needs to be designed to handle crowds when the occupant load nears maximum capacity or for any time when there are unruly conditions. (FD) 2) An automatic fire sprinkler system shall be approved and installed under the covered awning area pursuant to Fire Department regulations. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) 3) Additional light fixtures under the canopy shall require separate electrical permits. (BSD) 4) Comply with occupancy, fire ratings, exiting, wind load, seismic design, and handicapped accessibility requirements. (BSD) G:1Minutes101 pcm0522 PC Minutes May 22, 2001 Page 17 5) Fire extinguishers shall be installed and located in areas to comply with HBFC standards. (FD) 6) Obtain a new Certificate of Occupancy. (BSD) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. c. 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. 5. The use shall comply with the following: a. Live entertainment hours of operation shall be restricted to the following: Sunday through Thursday — 6:00 PM to 11:00 PM Friday through Saturday — 6:00 PM to 12:00 AM b. Prior to commencing live entertainment activities, a copy of an approved Entertainment Permit, as issued by the Business License Department, shall be submitted to the Planning Department. c. There shall be no line formation or queuing of customers at the entrance to the restaurant. d. All conditions of the Entertainment Permit as approved by the Police Department. e. If the outdoor dining awning is approved, any future changes to the design, location, colors, or materials shall be subject to approval of the Design Review Board. 6. A review of the use shall be conducted by the Staff within six (6) months of the issuance final Entertainment Permit approval to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning and Subdivision Ordinance. 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 Huntington Beach Zoning and Subdivision Ordinance. G:1Minutes101 p=0522 PC Minutes May 22, 2001 Page 18 8. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 00-15 and Special Permit No. 00-02 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-15 and Special Permit No. 00-02 shall become null and void unless exercised within one year of the date of final approval which is May 22, 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. 00-15 and Special Permit No. 00-02, 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 Division, 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. 7_ 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. 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) shalt be obtained from the Planning Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. 9_ State -mandated school impact fees shall be paid prior to issuance of building permits. 10. Prior to issuance of Building Permits for new construction in the Downtown Specific Plan (SP-5) area, a Downtown Specific Plan fee shall be paid. G:IMinutes101 pcm0522 PC Minutes May 22, 2001 Page 19 11. An encroachment permit shall be required for all work within the right-of- way. (PW) C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED MAY 8, 2001 A MOTION WAS MADE BY KERINS, SECOND BY HARDY, TO APPROVE PLANNING COMMISSION MINUTES DATED MAY 8, 2001, BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Ma_ ndic, Kokal, Borden NOES: None ABSENT: None ABSTAIN: Livengood MOTION PASSED D. NON-PUBLIC HEARING ITEMS None. E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS None. E-2. PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Hardy — Discussed ensuring public speaking/comment time limitations for applicants and others are more clearly defined for the public; requested a copy of CC and Rs for the Plaza Almeria during 6-month review of Inka Grill's live entertainment (Planning staff to follow-up); and requested a map of public open space for Hurricane's balcony and questioned whether Hurricane's violates public open space requirements by charging a cover charge for entry (Planning staff to follow-up). Commissioner Kerins — requested that the bus stop configuration at the southwest comer of Goldenwest and Garfield should conform to the recently adopted shelter plan instead of three (3) benches in a row (Public Works staff to follow-up). Commissioner Shomaker — None. Commissioner Mandic — requested copies of Planning Commission (PC) and City Council (CC) meeting tapes regarding the Chevron Station appeal be made GAMinutes\01 p=0522 PC Minutes May 22, 2001 Page 20 available to Design Review Board (DRB) members, and voiced concerns that summary comments made by Planning staff did not convey nuances of PC and CC opinion to DRB members. Commissioner Kerins reiterated concerns that many of the comments made by decision makers are not in the summary comments and therefore are not adequately relayed to the DRB (Planning staff to follow-up with a memo to DRB members to coordinate review of PC and CC meeting videotapes). Chairperson Mandic questioned whether the pads included in. retail buildings recently approved by the DRB as part of the Wal-Mart project were new or previously approved. Staff explained that the building pads were approved during the Wal-Mart entitlement process. She also questioned the status of reciprocal access from Wal-Mart to Beach Blvd. Staff explained that reciprocal access is offered along Wal-Mart's west property line and that In-N-Out Burger recently accepted the reciprocal offer and will implement a shared driveway during development. Commissioner Livenaood — None. Commissioner Kokal — Explained that public comments are very helpful to Planning Commission members and encouraged people to get involved. Commil2loner Borden — asked about the conditions listed in the advertising/park improvement agreement between Coca Cola and the City of Huntington Beach, and whether or not they had been met (Community Services staff to follow-up). F. PLANNING ITEMS F-1. Scott Hess, Principal Planner — reported that no Planning Department items were heard at the May 21, 2001 City Council meeting. F-2. PLANNING COMMISSION ITEMS FOR NEXT MEETING Jane James, Associate Planner = reviewed items for the June 12, 2001 regular Planning Commission meeting. . G. ADJOURNMENT — Adjourn to the next regularly scheduled Planning Commission meeting of June 12, 2001. HZ:HF:rl APPROVED BY: o and Zelefsky, Secretary GAMinutes101 pcm0522 Connie Mandic, Chairperso