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HomeMy WebLinkAbout2001-07-10MINUTES ; Huntington. Beach Planning -Commission Tuesday, July 10, 2001 Huntington Beach Civic Center 2000 Main Street, Huntington Beach, California 82648 .STUDY SESSION Room B-8 5:15 P.M. ZONING TEXT AMENDMENTS PRIORITY LIST- Wayne Carvalho AGENDA REVIEW — Wayne Carvalho MAJOR PROJECTS UPDATE — Wayne Carvalho PUBLIC COMMENTS -REGULAR MEETING City Council Chambers 7:00 P.M. PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, Borden AGENDA APPROVAL A. ORAL COMMUNICATIONS None. B. PUBLIC HEARING ITEMS - PROCEDURE: - Staff Report, Commission Disclosure Statement(s), Staff Presentation, Commission Questions, Public Hearing, Discussion/Action B-1. APPEAL OF TEMPORARY USE PERMIT NO,_01-03 (HUNTINGTON SURF N SPORT SKATESHOP SIDEWALK SALES): Applicant: Jon McGee Appellant: Tom Livengood, Planning Commissioner Property Owner: Mohammed Zeidan Request: -To permit temporary sidewalk/tent sales in conjunction with an existing retail establishment on approximately 22 days per year for a total of four (4) years. Proposed temporary'sales consist of the outdoor display of retail merchandise on scheduled days throughout the year. Location: 126 Main Street (northeast comer of Main and Walnut) Project Planner: Ron Santos PC Minutes July 10, 2001 Page 2 ♦ Temporary Use Permit No. 01-03 request: — To permit temporary sidewalk/tent sales in conjunction with an existing retail establishment on approximately 22 days per year for a total of 4 years. ♦ Staff's Recommendation: Approve Temporary Use Permit No. 01-03 with conditions based upon the following: — General Plan policy to require that uses in the pedestrian overlay district be sited and designed to enhance and stimulate pedestrian activity along the sidewalks. — Local Coastal Program/ Downtown Specific Plan policy that Main Street should be a lively, active commercial district at the street level. The first floor of developments along Main Street should be commercial, with open-air establishments encouraged. — The use will be sited to assure that public sidewalks are visually and physically accessible to pedestrians. ♦ Staff's Suggested Modifications: Temporary Use Permit No. 01-03: — Require a cordon along the west side of the tent display to direct customers out of the public right-of-way. Vice Chairperson Shomaker excused herself from action on the item due to a conflict of interest. Chairperson Mandic and Commissioners Hardy, Kerins, Livengood, Kokal and Borden disclosed that they had visited the project site. Chairperson Mandic and Commissioner Livengood disclosed that they'spoke with the project applicant. Staff made a presentation to the Commission. The Commission asked if there was a condition requiring all outside sales to be made within the store. Staff replied no. The Commission inquired about hours of code enforcement on Saturday's, and whether any pedestrian access problems had been reported. The Commission asked if other downtown businesses have obtained permits to hold outdoor sidewalk sales. Staff confirmed, citing Huntington Surf & Sport and Diane's Swimwear as examples. The Commission asked if other businesses sidewalk sale event schedules conflicted with the applicant's requested event schedule. Staff confirmed that some of the requested event dates overlapped with other businesses. (01p=0710) PC Minutes July 10, 2001 Page 3 THE PUBLIC HEARING WAS OPENED: Jon McGee, applicant and Manager of Huntington Surf & Sport Skateshop (HSSS) spoke to the Commission about the importance of sidewalk sales for HSSSS customers. He said that HSSS offers a high level of customer service and holds sidewalk safes to provide their customers discounted prices on out -of -season items. He mentioned that HSSS provides an appealing outdoor display, and that the sidewalk area in front of the store allow_ s plenty of room to display merchandise -without impeding the public. right-of-way.' The Commission asked if the applicant agreed to staffs recommended condition of approval requiring a cordon along the west side of the canopy to direct pedestrians .out.of.the public right-of-way. The applicant agreed.. The Commission asked if the applicant would agree to a condition of approval requiring all sales to be made inside the store. .The applicant agreed. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED: The Commission voiced concerns about the display area impeding the public right-of-way, -and becoming unsightly with garbage and debris. Concerns were also voiced about the applicant's schedule of sales events conflicting with other downtown businesses. holding sidewalk sales, and it was suggested that all businesses coordinate sales event dates. The Commission asked the applicant if HSSS had obtained permits for past sidewalk sales. The applicant confirmed explaining that they obtained'past permits for back -to -school and holiday sales events. Another Commissioner identified the applicant as a responsible downtown merchant and questioned the legitimacy of the appeal, stating that people shopping downtown look for these types of sales. A MOTION WAS MADE BY LIVENGOOD, SECOND BY BORDEN, TO APPROVE - TEMPORARY USE PERMIT NO.01-03 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Mandic, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN:.. , Shomaker , MOTION PASSED FINDINGS FOR APPROVAL - TEMPORARY USE PERMITWO.- 01-03: The proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan (Pedestrian Overlay District), Local Coastal Program and Downtown Specific Plan; and the provisions' -of Chapter 241 of the Huntington Beach -Zoning and Subdivision Ordinance, including the following policies: (01p=0710) PC Minutes July 10, 2001 Page 4 LU 15.2.2: Require that uses in the pedestrian overlay district be sited and designed to enhance and stimulate pedestrian activity along the sidewalks. Assure that areas between building storefronts and public sidewalks are visually and physically accessible to pedestrians. LCP/ DTSP: Main Street should be a lively, active commercial district at the street level. The first floor'of developments along Main Street should be commercial, with open-air establishments encouraged. 2. Approval of the proposed temporary use will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. Proposed sales events will occur adjacent to the applicant's storefront and will be sited to prevent interference with use of the surrounding area. The temporary use permit is conditioned to ensure that adequate public, disabled and emergency access will be maintained. . CONDITIONS OF APPROVAL — TEMPORARY USE PERMIT NO. 01-03: 1. The site plan, floor plans and elevations received and dated May 11, 2001 shall be the conceptually approved layout with the following modifications: a. The temporary sales area shall be entirely confined to private property. Any encroachment into the public right-of-way shall be prohibited. b. A ten -foot wide clear path of travel shall be maintained along the sidewalk. Required pathways for patron and disabled access shall be maintained clear of obstructions. c. Tent(s) structures shall be prohibited. A non -enclosed sunshade canopy, may be provided in lieu the "tent" depicted on the approved plans. 2. Prior to establishment of the use, a detailed, fully dimensioned site plan with furniture layout, revised pursuant to Condition No. 1, shall be submitted to the Planning Department for review and approval by the Planning Department, Building & Safety Department and Public Works Department. Zoning entitlement conditions of approval shall be printed - verbatim on the revised plans. A narrative, revised for consistency with the approved site plan, shall be submitted as necessary. (B&S, PW, P) I . 3. The use shall comply with the following: a. All required exits and access ways to the tenant space, as determined by the Building & Safety Department, shall be maintained clear and free of obstructions. The minimum_ required access width shall be 48 inches. (B&S, PW) b. All overhead obstructions shall be a minimum of 80 inches above the walking surface. (B&S) c. All sales transactions shall occur inside the store. d. Sales to patrons in vehicles or in the public right-of-way shall be prohibited. e. Line formations within the public right-of-way shall be prohibited. (PW, P) (O1Pmc0710) PC Minutes July 10, 2001 Page 5 f. Sales events, including associated furniture, structures, patron lines, etc., shall not in any way interfere with access to any commercial establishment. (B&S, PW, P) g. Furniture pieces_ shall weigh less than 35 pounds each. (B&S) h.- All displays associated with sales events shall be maintained in an orderly condition. i. Only the uses, dates and times described in the narrative shall be permitted. (See attached Narrative.) Any proposed change shall be submitted to the Planning Director for review and approval a minimum of ten days in advance of the planned event date. 4. The Planning Director shall ensure compliance with all conditions of approval. The Planning Director shall be notified in writing if any changes to the approved site plan or even schedule are proposed. If the proposed changes are of a substantial nature, approval of an amendment to.the original entitlement by the Zoning Administrator may be required pursuant to provisions of the Huntington Beach Zoning and Subdivision Ordinance. 5. 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. 6. The display area shall be cordoned (i.e., roped off) along the west side, between the poles supporting the proposed canopy. 7. A review of the use shall be conducted by Planning Department staff within six months of commencement of the temporary use. INFORMATION ON SPECIFIC CODE REQUIREMENTS: ' 1. Temporary Use Permit No. 01-03 shall not become effective until the ten calendar day appeal period has elapsed. 2. -Temporary Use Permit No. -01-03 shall become null and -void unless exercised within one year of the date of final approval or -such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum . 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Temporary Use Permit No. 01-03, - 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 use 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. 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 Zoning Administrator's action. 6. All signs shall conform to the HBZSO. Approval from the Planning Department shall be obtained prior to display or alteration of any sign(s). (01p=0710) PC Minutes July 10, 2001 Page 6 7. Live entertainment and/or outdoor dining shall be prohibited. B-2. ENTITLEMENT PLAN AMENDMENT NO.01-03 (ALCOHOL SALES): Applicant/Property Owner: Ken Esfahani Request: To allow the sale of alcohol at an existing 2,000 square foot convenience store. Location: 5002 Edinger Avenue (southeast corner of Bolsa Chica Street and Edinger Avenue) Project Planner: Paul DaVelga Entitlement Plan Amendment No. 01-03 request: - To allow the sale of beer and wine sales in conjunction with an existing service station. Staffs Recommendation: Approve Entitlement Plan Amendment No. 01-03 based upon the following: - Provides additional retail commercial opportunities to the citizens of Huntington Beach; with conditions imposed, the sale of beer and wine will not impact surrounding properties. - No anticipated adverse noise impacts. - Consistent with the neighborhood commercial designations adopted for the site. - No history of code enforcement complaints or violations at the site. - Request is supported by Police Department. Commissioner Livengood disclosed that he visited the project site. Staff made a presentation to the Commission. THE PUBLIC HEARING WAS OPENED: Corrie Kates spoke on behalf of the applicant, confirming the applicant's acceptance of the conditions of approval. He also suggested amending Condition 2b by adding language at the end of the sentence as follows: "unless the applicant submits a detailed sign program subject to review and approval by the City Design Review Board". This would allow the applicant to keep future sign opportunities open for advertising purposes. The Commission and staff discussed the City's Sign Ordinance and its power of authority for text on windows. It was also mentioned that the Sign Code allow_ s for 20% of window space for advertising. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding conditions of approval for similar requests by convenience stores, the 20% sign code allowance for window space advertising, and the hours of alcoholic beverage sales. A MOTION WAS MADE BY LIVENGOOD, SECOND BY MANDIC, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO.01-03 WTH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. (01p=0710) PC Minutes July 10, 2001 Page 7 A MOTION WAS MADE BY BORDEN, SECOND BY SHOMAKER, TO AMEND THE • . ORIGINAL MOTION BY DELETING CONDITION OF APPROVAL 2B BY THE -FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECOND BY MANDIC, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO.01-03 WTH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. AYES: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN:. None MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL = ENTITLEMENT PLAN AMENDMENT NO: 01- 03 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 - ENTITLEMENT PLAN AMENDMENT NO.01-03 1. Entitlement Plan Amendment No. 01-03 to allow the sale of beer and wine within an existing 2,060 square foot convenience store 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 uses will not create adverse noise or parking impacts to the surrounding businesses and residents. 2. The sale of beer and wine in conjunction with a service station will be compatible with surrounding uses. The convenience store operators 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 sale of beer and wine will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning.and Subdivision (01 p=0710) PC Minutes July 10, 2001 Page 8 Ordinance and any specific condition required for the proposed use in the district in which it will be located. - The use will comply with parking, floor area ratio, and building occupancy/exiting requirements. 4. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial Neighborhood on the subject property. The proposed addition of beer and wine sales in conjunction with a service station is compatible with the Commercial Neighborhood (CN) land use designation by serving local residents within the proximity of the subject site. The proposed use is consistent with the following goals and policies of the General Plan: 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 10.8 - Require that entertainment, drinking establishments; and other similar uses provide 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. CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.01-03 1. The site plan, floor plans, and elevations received and dated April 9, 2001 shall be the conceptually approved layout. 2. The use shall comply with the following: a. Prior to the sale of alcoholic beverages,.a copy of the Alcoholic Beverage Control Board (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: b. There shall be no loitering or consumption of alcohol on the premises. c. 'The area devoted to the sale of alcoholic beverages shall not exceed 20% of the total building floor area. 3. 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 (01 p=0710) PC Minutes July 10, 2001 Page 9 changes for conformance with the intent of the -Planning.Commission's - act! on and the conditions herein. If the proposed changes are of a substantial nature,: an on to the original entitlement reviewed by the Planning Commission may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 4. 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. Entitlement Plan Amendment 01-03 shall not become effective until the ten -calendar day appeal period has elapsed.. 2. Entitlement Plan Amendment 01-03 shall become null and void unless exercised within one year of the date of final approval which is July 10; 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 Entitlement Plan Amendment 01- 03 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. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. (01 p=0710) PC Minutes July 10, 2001 Page 10 B-3. ANNUAL REVIEW AND MONITORING REPORT — DOWNTOWN PARKING MASTER PLAN: Applicant: City of Huntington Beach Planning Department Request: Annual review of the Downtown Parking Master Plan addressing building activity between June 1, 2000 and June 1, 2001 Location: Downtown Specific Plan area (generally bounded by Pacific Coast Highway, Sixth Street, Acacia Avenue and Second Street) Project Planner: Wayne Carvalho The City of Huntington Beach Planning Department requests Planning Commission review of the Downtown Parking Master Plan Annual Review and Monitoring Report. The revision and update of the Downtown Specific Plan (DTSP), also referred to as the "Village Concept" was adopted in April of 1995 and became effective in June of 1995. • As part of the revisions, a shared parking concept was prepared for the downtown core area of Main Street (see Attachment No. 1) referred to as the Downtown Parking Master Plan (DPMP). The DPMP includes provisions that an annual review and monitoring report be completed. The report shall be forwarded to the Planning Commission, City Council and the Executive Director of the California Coastal Commission. The review and monitoring report contained herein is the third monitoring report on the DPMP. The report includes analysis between June 1, 2000 to June 1. 2001. Because the 2000 DPMP Update is pending final approval by the City Council and California Coastal Commission, this annual review is based on - the 1995 DPMP. Staff made a presentation to the Commission. Discussion ensued regarding current and future revenue generation from parking fees imposed downtown. The Commission voiced concerns about the lack of handicapped parking in the first three blocks of Main Street. Staff explained that vehicles displaying a handicapped placard can park in any metered or legally striped parking space and are not subject to citation. The Commission asked if the Plaza Almeria development was included in recent parking counts provided by staff and consultants. Staff confirmed. (01p=0710) PC Minutes. July 10, 2001 Page 11 A MOTION WAS MADE BY SHOMAKER, SECOND BY KERINS, TO APPROVE THE ANNUAL REVIEW AND MONITORING REPORT OF THE DOWNTOWN PARKING MASTER PLAN AND FORWARD TO THE CITY COUNCIL FOR REVIEW BY THE FOLLOWING VOTE: AYES: NOES: ABSENT: ABSTAIN: MOTION PASSED C. D. E. Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, Borden None None None CONSENT CALENDAR None. NON-PUBLIC HEARING ITEMS None. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS Randy Kokal attended meetings of the Subdivision Committee on June 28, 2001, and the Shipley Nature Center Subcommittee on June 29, 2001. He encouraged the public to get involved in community meetings. E-2. PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Hardy — informed the Commission that she will not be able to attend the regularly scheduled Planning Commission meeting of July 24, 2001. Commissioner Kerins — None. Commissioner Shomaker — None. Commissioner Mandic — informed the Committee that she will be reviewing Planning Commission Committee assignments for discussion at a later date. She asked staff why there is no handicap parking on the first three blocks of Main Street downtown, and requested that staff report back with information on the possibility of placing signage in that area for handicapped motorists. Commissioner Livengood — None. (01p=0710) PC Minutes July 10, 2001 Page 12 Commissioner Kokal -'requested that staff report back With measurements of the"flood control channels (widths) throughout the city for potential recreational bike/walking paths, -and how, other cities address . this issue. Commissioner Borden — None. F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Wayne Carvalho, Associate Planner — reported that the City Council meeting of July 2, 2001 was cancelled. F-2. PLANNING COMMISSION ITEMS FOR NEXT MEETING Wayne Carvalho, Associate Planner —reviewed items for the July 24, 2001 regular Planning Commission meeting. G. ADJOURNMENT — Adjourn to the next regularly scheduled Planning Commission meeting of July 24, 2001. HZ:HF:rl Approved By: = = Howard Zelefsky, Secretary Connie Mandic, Chairperson (01 p=0710)