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HomeMy WebLinkAbout2001-10-09MINUTES - - Huntington Beach Planning Commission Tuesday, October 9, 2001 Huntington -Beach Civic Center 2000 Main Street, Huntington Beach, California 92648 Study Session Room B-8 5:15 P.M. STREET SWEEPING PROGRAM — Jim Jones, Public Works JIFFY LUBE REPORT — Amy Wolfe CODE ENFORCEMENT STATUS REPORT — Bill Zylla/Mike Strange PLANNING COMMISSION INQUIRY REPORT —Jane James AGENDA REVIEW — Jane James PUBLIC COMMENTS Regular Meetin PLEDGE OF ALLEGIANCE q City Council Chambers 7:00 p.m. 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 B-1. ZONING TEXT AMENDMENT NO 01-07 (APPEAL OF COASTAL DEVELOPMENT PERMITS — CONTINUED FROM AUGUST 28.2001): Applicant: - City of Huntington Beach Request: To amend Section 245:32 of the Huntington Beach Zoning -and Subdivision Ordinance relating to direct appeal to the Coastal Commission for any Zoning Administrator, Planning'Commission, or City Council action within the appealable areas of the coastal zone. Location: Appealable areas of the coastal zone. Project Planner: Jason Kelley PC Minutes October 9, 2001 Page 2 Zoning Text Amendment No. 01-07 request: - Amend the Huntington Beach Zoning and Subdivision Ordinance by modifying the appeal procedures for coastal development permits. Continued Item: - Planning Commission meeting August 28, 2001. Planning Commission approved a continuance to the September 25, 2001 Planning Commission meeting to allow staff additional time to discuss appropriate language with the City Attorney and Coastal Commission staff. Due to the cancellation of the September 25, 2001 meeting, this item was rescheduled and advertised for the October 9, 2001 Planning Commission meeting. Staffs Recommendation: Approve_ Zoning Text Amendment No. 01-07 based upon the following: - Proposed ordinance revision will clarify the appeal procedures within the appealable area of the coastal zone. Staff made a presentation to the Commission. THE PUBLIC HEARING WAS OPENED: No one was present to speak on this item. WITH NO ONE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SHOMAKER, TO APPROVE ZONING TEXT AMENDMENT NO. 01-07 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL — ZONING TEXT AMENDMENT NO.01-07: Zoning Text Amendment No. 01-07 amending Chapter 245.32 A of the Huntington Beach Zoning and Subdivision Ordinance by revising language that addresses direct appeal to the Coastal Commission,for any Zoning Administrator, Planning Commission, or City Council action within the appealable area of the coastal zone is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. The revised ordinance will provide more clear and (01 pcm1009) PC Minutes October 9, 2001 Page 3 consistent appeal procedures throughout the Zoning and Subdivision Ordinance. 2. The amended ordinance is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The revised ordinance applies to all properties located within the appealable area of the Coastal Zone that is subject to a coastal development permit. The amendment clarifies the appeal language in order to provide a better public service to the residents of Huntington Beach., 3. A community need is demonstrated for the change proposed. The amendment to the ordinance will better accommodate the City and the public by clarifying confusing appeal language within the Zoning and Subdivision Ordinance. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The revised ordinance will result in the City's ability to provides clear and consistent language within the Zoning and Subdivision Ordinance and ensure quality design and development within the coastal zone. B-2. CONDITIONAL USE PERMIT NO.00-59 (CENTER FOR SPECIAL SURGERY, INC.): Applicant: Kelli Trachtman Request: To permit vehicle storage for auto dealers within the existing four story parking structure at the Center for Special Surgery,- Inc. The project also includes a request to permit a reduction in parking for the medical complex. - Location: 17752 Beach Boulevard (south east comer of Beach Blvd. and Newman Avenue) Proiect Planner: Jane James - - • Conditional Use Permit No. 00-59 request: Establish vehicle storage for auto dealers within an existing parking structure at the Center for Special Surgery, Inc. - -' Permit a reduction in parking spaces for the Center for Special Surgery, Inc. • Staffs Recommendation: Approve Conditional Use Permit No. 00-59 based Upon the following,,- - Original intended use of parking structure for parking of vehicles will remain the same Compatibility with surrounding medical offices, retail uses, hospital, and professional offices - Surplus of parking demonstrated by parking study prepared by registered traffic- engineer Probable long-term occupancy of medical complex will not generate additional parking demand No repair, maintenance, or'auto dealer sales transactions will take place on site _ - Vehicle storage will occur only as long as the current mix of uses remains at the site - General Plan goals and policies encourage retail sales tax generating activities by providing additional inventory storage area for auto dealers Chairperson Mandic excused herself from action on the item due to a conflict of interest. (01 pcm1009) PC Minutes October 9, 2001 Page 4 Staff made a presentation to the Commission. Questions/comments included: ■ The Commission asked if vehicles stored within the parking structure would be subject to on -site auto dealership customer transactions. Staff replied no. The Commission suggested adding language with the conditions of approval excluding such transactions and staff agreed. The Commission asked of the applicant objected to such language and the applicant replied no. ■ The Commission asked staff to explain Option A and Option B of the Zoning Compliance section listed on page 6 of the staff report. ■ The Commission asked staff how many vacant offices currently exist within the Center for Special Surgery building. Staff stated that four (4) offices were currently vacant. THE PUBLIC HEARING WAS OPENED: Kelli Trachtman, applicant, Beach Boulevard, Huntington Beach, spoke in favor of the item and stated that her main interest in obtaining the requested entitlement was to utilize space for vehicle storage only, and that she has no interest in showing vehicles for sales transactions. Ms. Trachtman stated that she prefers Option B referenced under Zoning Compliance within the staff report. John Glowacz, Cypress Street, Huntington Beach, spoke in opposition to the item voicing concerns related to the applicants compliance with the conditional use permit's conditions of approval. He also inquired if Commissioner Borden had a conflict of interest related to action on this item. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. - Commissioner Borden stated that he had no conflict of interest related to this item. The Commission asked if the zone change suggested in Zoning Compliance - Option A would be citywide. Staff replied yes and stated that such action would prompt an independent, citywide analysis. Discussion ensued regarding the negative impacts affecting the Huntington Beach Hospital behind rezoning the property from CO (Commercial Office) to PS (Public - Semipublic). (01 Pcm 1009) PC Minutes October 9, 2001 Page 5 A MOTION WAS MADE BY KERINS, SECOND BY HARDY, TO APPROVE CONDITIONAL USE PERMIT NO.00-59 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: Mandic MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 00-59 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, Class 1 of the CEQA Guidelines, because operation of an existing structure is exempt from further environmental analysis. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.00-59: 1. Conditional Use Permit No. 00-59 for the establishment, maintenance and operation of the vehicle storage for up to 100 spaces within the upper three levels of the parking structure and reduction of up to 100 parking spaces for the Center for Special Surgery, Inc. 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 vehicle storage will occur entirely within an existing parking structure and no alterations to driveways, access, circulation, or parking spaces are necessary. Based on a parking analysis by the applicant, adequate parking (minimum of 116 spaces) will be provided on -site for both uses and therefore, no detrimental effects are anticipated. 2. The conditional use permit will be compatible with surrounding uses because based upon the conditions imposed, a surplus of.parking exists on the site, there will be no on -site auto dealership customer transactions, auto repair, auto washing, auto test-driving, all vehicles will be picked up and delivered to the site via individual auto dealership employees, no vehicles will brought in or picked up via tractor -trailers, and storage will be limited to the top (most under utilized) levels of the parking structure. 3. The proposed vehicle storage and reduction of 100 parking spaces for the Center for Special Surgery, Inc. 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 if the Planning Commission approves the reduction in parking request. A corresponding General Plan Amendment or (01 pcm1009) PC Minutes October 9, 2001 Page 6 Zone Change will also be necessary to establish consistent land use designations and comply with zoning 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 Public on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Goal 1: Achieve development that maintains or,improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. Policy 4.2.4: Require that all development be designed to provide adequate space for access, parking, supporting functions,. open space, and other pertinent functions. - - Policy 13.1.1: Allow for the continuation of existing public and private institutional, cultural, educational, and health uses at their present locations and development of new uses in areas designated on the Land Use Plan Map in accordance with Policy LU 7.1.1. B. Economic Element Goal ED 3: Enhance Huntington Beach's economic development potential through strategic land use planning and sound urban design practices. The proposed auto deafer vehicle storage accomplishes several of the above goals. The vehicle storage allows automobile dealers greater inventory capacity, which in tum benefits Huntington Beach's local economy. The proposed use allows the Center for Special Surgery to utilize surplus parking and makes better economic sense than allowing a partially vacant parking structure to go unoccupied. The vehicle storage will not impact the. surgery cenfees ability to operate and therefore, will allow for the continuation of health care uses. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-59: 1. The site plan, floor plans, and elevations received and dated September 5, 2001 shall be the conceptually approved layout. 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 storage of vehicle parts, equipment, or trailers. (01 pcm1009) PC Minutes October 9, 2001 Page 7 c. Use of the parking structure shall be for vehicle storage only. There shall be no sales transactions, showing of vehicles, test-driving, repairing, washing, or any other maintenance oriented activities at the site. d. Vehicles shall not be offloaded from flat bed or tractor -trailers at the subject site or on the surrounding public street system. Vehicles shall only be delivered for storage within the parking structure by driving each individual car on and off the site to and from the dealership. e. Hours for delivery of vehicles to and from the site shall be limited to between 7:00 AM to 9:00 PM daily. f. A maximum of 100 parking spaces may be utilized for vehicle storage. g. Vehicle storage utilizing the 100 spaces shall occupy the upper levels of parking only and shall fill spaces from the top down. h. There shall be no automobile dealer or vehicle advertisements anywhere on the subject site. Vehicle storage shall be permitted for only as long as the current mix of medical offices and outpatient surgery center type uses exists on the site. Vehicle storage shall cease if and when the current uses are significantly changed and new parking demands are generated. Typical occupancy changes from one medical office/provider to another similar use will not trigger this condition of approval. 3. Within four months from approval of Conditional Use Permit No. 00-59 for vehicle storage, one of the following actions shall be completed: a. Amend the zoning from Commercial Office to Public -Semipublic to create consistent General Plan and Zoning designations, or b. Amend General Plan from Public to Commercial Office to create consistent General Plan and Zoning designations and amend zoning text to expand list of permitted uses in Commercial Office to allow vehicle sales and services, or c. Any acceptable alternative to ensure consistency between General Plan and Zoning and allow vehicle storage and medical uses to continue. 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 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. (01 pcm 1009) PC Minutes October 9, 2001 Page 8 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. This Conditional Use Permit No. 00-59 shall not become effective until a General Plan Amendment, Zoning Map Amendment, and/or Zoning Text Amendment as described in Condition of Approval No. 3, above, has been approved by the City Council and is in effect. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 00-59 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-59 shall become null and void unless exercised within one year of the date of final approval, which is October 9, 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. 00-59, 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. 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. 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. 7. 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. 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 of code enforcement costs, and removal of installed signs. 9. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. (01pcm1009) PC Minutes October 9, 2001 Page 9 B-3. CONDITIONAL USE PERMIT NO.01-14 (LITTLE HOUSE OF REPAIRS): Applicant: John Taylor Request: To legally establish a small scale, retail/repair business for sporting goods such as surfboards, snowboards and small water craft jet skis. The request includes permitting outdoor storage and development on a substandard lot. Location: 7942 Cypress Avenue (west of Beach Boulevard, south of Warner Avenue) Project Planner: Wayne Carvalho Conditional Use -Permit No. 01-14 request: - Legally establish a water sports products business on a lot with an existing non -conforming single-family residence. The business consists of "small- scale" manufacturing of surfboards, and retail sales and repair of surfboards, snowboards, small watercraft jet skis, etc. - Outside storage of products. - Development on a substandard lot. • Staffs Recommendation: Deny Conditional Use Permit No. 01-14 based upon the following: - Incompatibility of existing nonconforming residential use on property with custom industry use. - Mix of proposed uses is, inconsistent with the Commercial General (CG) zoning on the property. - Business patrons would infringe on residential tenants. The custom industrial use is not compatible with the surrounding residential uses. The use may be detrimental to surrounding residents, property owners, and value of property and improvements. Commissioners Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal and Borden disclosed that they visited the project site. Commissioners Hardy, Shomaker, Mandic, Livengood, Kokal. and Borden disclosed that they spoke with the applicant. Staff made a presentation to. the Commission. . Questions/comments included: ■ The Commission asked if the applicant's business was operating as a non- conforming use. Staff explained that the zoning is Commercial and that the applicant maintains a residence on the property, which makes the residential use non -conforming. ■ The Commission asked if the City had received outside complaints on the property. Staff answered no and explained the process of code enforcement and why the applicant received a citation. (01pcm1009) PC Minutes October 9, 2001 Page 10 THE PUBLIC HEARING WAS OPENED: Mike Jimenez, Elm Street, Huntington Beach,. spoke in favor of the item stating he was a 20-year resident of Huntington Beach and was not aware of any problems ever associated with this site. Kevin Mello, Attorney at Law representing the applicant, spoke in favor of the item and voiced concerns regarding certain conditions of approval. he felt the applicant could not possibly meet because of the structure's age. He pointed these out to the Commission by referencing those listed within the staff report. John Glowacz, Cypress Street, Huntington Beach, spoke in favor of the item and stated that the City exercised "selective code enforcement'. Robert Aldana, Gothard Street, is a 9-year resident of Huntington Beach and spoke in favor of the item. He praised the applicant's work and referred to Small House of Repairs as a "phenomenal, reputable business". John Taylor, applicant, Gothard Street, Huntington Beach, provided the Commission documentation on his business, including a "stay in business" petition signed by over 100 individuals. He spoke of his community involvement and knowledge of surfboards. He also informed the Commission of the improvements he made to the property, and of his experiences dealing with the Business License Department. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding the findings for denial by staff. - The Commission felt that the findings did not reflect actual opinions of the residents and business owners near the site, and that there was no evidence of complaints regarding noise, dust, and hazardous material. The Commission discussed items of concern included in the conditions of approval (sign height, flammable liquids, setback measurements and roof top mechanical equipment). Staff explained to the Commission that the applicant currently has a Business License for a Home Occupation Permit, which does not comply with the applicant's current business operation, violating the Zoning Code. Staff from the Fire Department explained that the applicant is responsible for maintenance standards (electrical;'etc.) within the Uniform Building Code no matter what year the structure was built, for safety purposes. The Commission went through the conditions of approval one -by -one with the applicant in order to address and facilitate conditional use permit compliance. (01 pcm1009) PC Minutes October 9, 2001 Page 11 A MOTION WAS MADE BY BORDEN, SECOND BY HARDY, TO APPROVE CONDITIONAL USE PERMIT NO. 01-14 (LITTLE HOUSE OF REPAIRS) WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 01-14 - - FINDINGS FOR APPROVAL- CONDITIONAL USE_PERMIT NO.01-14: 1. Conditional Use Permit No. 01-14 for the establishment, maintenance and operation of a "small-scale" custom industrial use for surfboard repair and manufacturing 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. Based upon the conditions imposed the continuation of the existing business will not impact the surrounding residents, commercial tenants and properties. 2. The conditional use permit will be compatible with surrounding uses. The business has operated at this location for over 30 years and has not been a nuisance to the surrounding properties. No change to the business is proposed. With the conditions imposed, no noise or dust impacts resulting from the business are anticipated. 3. The proposed small-scale" custom industrial use for surfboard repair and manufacturing 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, any specific condition required for the proposed use in the district in which it would be located. - The business will be required to comply with all applicable City codes and specifications. 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. 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, service visitors to the City, and capitalize on Huntington Beach's recreational resources. (LU 10.1) (01 pcm1009) PC Minutes October 9, 2001 Page 12 b. Accommodate the. development of neighborhood, community, regional, office and visitor -serving commercial uses in areas designated on the Land use Plan Map. (LU 10.1.1) This conditional use permit will allow for the continuation of the existing business, which serves the local residents and. surrounding communities. 5. 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 15303 of the CEQA Guidelines, because project involves conversion of two small accessory structures for the business. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO.01-14: 1. The site plan, floor plans and elevations received and dated June 15, 2001 shall be the conceptually 'approved layout with the following modifications: a: Elevations shall depict colors and building materials proposed. b. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 10 feet from the property line. Equipment to be screened includes, but is not limited to, heating, air conditioning,' refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) c. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations. if located on a building, they shall be architecturally designed into the building to appear as part of the building. They .shall be architecturally compatible with the building and non -obtrusive,, not interfere with sidewalk areas and comply with required setbacks. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. 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. The locking devices for all gates shall be approved by the Fire Department. (01pcm1009) PC Minutes October 9, 2001 Page 13 b. - An "Acceptance of Conditions" form shall be properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Department for inclusion in the entitlement file. . - c. The applicant shall disclose amounts of materials to the Huntington Beach Fire Department Hazardous Materials Disclosure Office at (714) 536-5676. (FD) 4. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released, and commencement of use, and issuance of a Certificate of Occupancy until the following has been completed: a. Building permits shall be obtained and finaled for all structures used in conjunction with the business including the lay up room (patio enclosure) and shaping room (garage addition) (Code Requirement) b. In accordance with NPDES requirements; a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. "Best Management Practices" shall be identified and incorporated into the design. (per c.. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or the palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). (PW) d. The existing water service not currently In use shall be abandoned per water Division standards. (PW) e. Installation of required landscaping and irrigation systems shall be completed prior to final inspection or within twelve months of this approval. (PW) J. :All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to the final landscape inspection and approval. (PW) g. Applicant shall provide the City with Microfilm copies (in City format) and CD (AutoCAD only) copy of complete City approved landscape construction drawings as stamped "Permanent File Copy" prior to starting landscape work. Copies shall be given to the City Landscape Architect for pennanent City Record. (PW) h. Address numbers shall be installed on all structures to comply with Fire Dept. City Specification No. 428. (FD) i. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification #424 (provide 2 — minimum rated 4A:40BC portable fire extinguishers). (FD) (01 pcm1009) PC Minutes October 9, 2001 Page 14 j. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. k. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. I. 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. All repair work shall be conducted wholly within approved buildings. b. The outdoor storage area shall not exceed 750 sq. ft. c. All outside storage of materials shall be located behind the residence, shall be screened from view from the public street, and shall not exceed the height of existing walls and fences. d. Flammable liquid spraying is not permitted. (FD) e. The business may not exceed materials quantities as specified in the Huntington Beach Fire Code Table (UBC) 3-D. (FD) f. Hours of operation shall be limited to between 9 AM and 10 PM, Monday — Friday; and between 10:00 AM and 8:00 PM, Saturday. g. Only the same or similar "small-scale custom industry" use shall be permitted. 6. A review of the use shall be conducted by the staff within six (6) months of the issuance of Certificate of Occupancy or final building 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. . 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. (01 pcm1009) PC Minutes October 9, 2001 Page 15 . - INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 01-14 shall not become effective until the ten- - -calendar day appeal, period has elapsed. 2. Conditional Use Permit No. 01-14 shall become null and void unless exercised within one year of the date of final approval which is October 9, 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. 01-14, 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 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. 9. 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 of code enforcement costs, and removal of installed signs. 10. Traffic Impact Fees ($120/trip) shall.be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) . 11. State -mandated school impact fees shall be paid prior to issuance of building permits. (01pcm1009) PC Minutes October 9, 2001 Page 16 12. An encroachment permit shall be required for all work within the right-of-way. (PW) 13. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. B-4. ZONING TEXT AMENDMENT NO.01-04 (ENTITLEMENT PERMIT STREAMLINING): Applicant: City of Huntington Beach Request: To amend twelve (12) sections within nine (9) chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify certain Planning Department policies and clarify sections of existing codes for streamlining purposes. The proposed amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by right or having a lower level discretionary body review the entitlement. Location: Citywide Project Planner: Rosemary Medel Zoning Text Amendment No. 01-04 request: - Amendment of twelve chapters of the Zoning and Subdivision Code and three sections of SP 5 (Downtown Specific Plan) Entitlement permit streamlining of certain applications to the lower hearing body Codify existing policies - Clarify certain sections of the Zoning and Subdivision Ordinance Staffs Recommendation: Approve Zoning Text Amendment No. 01-04 based upon the following: - Decreases processing time for applicants - Reduces application costs for the business community and residents - Provides excellent customer service - Encourages new businesses to locate in Huntington Beach Staff made a presentation to the Commission. Questions/comments included: ■ How is the public informed of decisions made by the Zoning Administrator or the Director of Planning? ■ What is the formula for sign permit fees? ■ Can a decision by a lower governing body be appealed? THE PUBLIC HEARING WAS OPENED: Dick Harlow, Huntington Beach Chamber of Commerce, spoke in favor of the item. He stated that approval would free up time, allowing staff to concentrate on more detailed projects and explore performance standards' more completely. He also favors a reduction in entitlement fees, and reducing the entitlement application/process period. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. (01 pcm1009) PC Minutes October 9, 2001 Page 17 Discussion ensued regarding the entitlement process, including the public hearing notification and appeal process. Staff informed the Commission that it is the responsibility of the applicant to provide notification m_ aterial (i.e. mailing labels) for public hearings affecting adjacent resident/business owners. Staff also explained the time allowed for interested parties to provide oral or written comments on entitlements before they are presented to a -governing body, and the time provided for individuals to appeal an entitlement approved or denied by a governing body. The Commission suggested notifying higher governing bodies when a lower level discretionary body takes action on an entitlement in order to provide opportunity to file for appeal. Some Commission Members were in favor of increased notification, and others felt that in doing so, the permit streamlining process would be inhibited. - A MOTION WAS MADE BY KERINS, SECOND BY SHOMAKER, TO APPROVE ZONING TEXT AMENDMENT NO.01-04 (ENTITLEMENT PERMIT STREAMLINING) WITH MODIFIED FINDINGS BY THE FOLLOWING VOTE: AYES: Hardy, Kerins; Shomaker, Mandic; Livengood, Kokal, NOES: Borden ABSENT: None ABSTAIN: None MOTION PASSED ZONING TEXT AMENDMENT NO. 01-04 FINDINGS FOR APPROVAL — ZONING TEXT AMENDMENT. NO. 01-04: 1. Zoning Text Amendment No. 01-04 to amend certain sections of the Zoning and Subdivision Ordinance is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan because the amendments streamline entitlement processing for certain uses thereby furthering the City's development goals. 2. In the case of a general land use provision, the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The amendment revises processing of entitlements and clarifies permitted uses within the zoning classifications. 3. A business community need is demonstrated for the change. The need for reduced processing time is desired by the business community and supported by the Chamber of Commerce. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice by codifying existing policies and creating a zoning and subdivision ordinance more reflective of City priorities. (01pcm1009) PC Minutes October 9, 2001 Page 18 C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED AUGUST 14, 2001 A MOTION WAS MADE BY LIVENGOOD, SECOND BY SHOMAKER, TO APPROVE THE PLANNING COMMISSION MINUTED DATED AUGUST 14, 2001 BY THE FOLLOWING VOTE: AYES: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1. CONDITIONAL USE PERMIT NO.96-1071VARIANCE NO.97-5/SIGN CODE EXCEPTION NO.97-3 ONE YEAR REVIEW (Del Taco Restaurant): Applicant: Dwight Capitani, Liberty Enterprises Request: Consider one-year review by staff of the previously approved Conditional Use Permit/Variance/Sign Code Exception for compliance with adopted conditions of approval, review of Code Enforcement action and review of Police Department calls for service. Location: 17501 Beach Boulevard (southwest comer at Slater Ave.) Project Planner: Wayne Carvalho Six month review of the previously approved Conditional Use Permit/Coastal Development Permit for: - Review for compliance with adopted conditions of approval. - Review of Code Enforcement action. - Review of Police Department calls for service. Staff Recommendation: - Receive and file as adequate the six-month review of Conditional Use Permit No. 98-29/Coastal Development Permit No. 98-35. Staff made a presentation to the Commission. Questions/comments included: If a 1-year review was found to be inadequate, can the Commission automatically recommend a second annual review? Mike Cheng, representing the property owner, informed the Commission of the corrections/improvements made to the property, and mentioned that no violations had been received during the last 4-5 months. The Commission suggested Code Enforcement closely monitor the conditions to ensure future compliance. (01 pcm1009) PC Minutes October 9, 2001 Page 19 A MOTION WAS MADE BY LIVENGOOD, SECOND BY KOKAL, TO RECEIVE AND FILE AS ADEQUATE THE ONE-YEAR REVIEW FOR CONDITIONAL USE PERMIT NO.06-107 AND VARIANCE NO.97.5; BY THE FOLLOWING VOTE: AYES:- Hardy, Kerins, Shomaker; Mandic; Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS E-1. • PLANNING COMMISSION COMMITTEE REPORTS — None. E-2. PLANNING COMMISSION INQUIRIESICOMMENTS Commissioner Hardy — inquired about who is responsible for landscaping the south side of Promenade at Seagate adjacent to the Cape Ann Development. Staff to provide follow-up. She also voiced interest in taking a tour of the Central Park Equestrian Center. Staff to schedule a field trip. Commissioner Kerins — questioned whether it is legal for a developer to keep a VIP list of prospective buyers who are offered the sale of certain lots before other interested parties. Staff responded that it is a private party arrangement, and the City has no jurisdiction over such matters. Commissioner Kerins relayed information provided by staff on the status of the sidewalk conditions on Talbert Avenue adjacent to the Wal-Mart development. Commissioner Shomaker — None. Commissioner Mandic — Made a motion to agendize the Planning Commission Inquiry Report for discussion purposes at the November 13, 2001 meeting by the following vote: (7-0). Commissioner Mandic inquired about staffs response to a letter submitted by SeaCliff on the Greens Community Association related to visual blight along Palm Avenue created by the PLC Land Company "Boardwalk" development. Staff will provide follow-up. Commissioner Mandic also inquired about action taken by the Design Review Board (DRB) on an -art theater- for the Wal-Mart development. Staff explained that the DRB approved additional features (benches, potted plants and lighting) to create a theater for the previously approved wall mural. Commissioner Livenaood — Made a motion that staff include within the Planning Commission Inquiry Report an on -going status of Conditional Use Permit No. 01-14 (Little House of Repairs) by the following vote: (7-0). (01 pcm1009) PC Minutes October 9, 2001 Page 20 Commissioner Livengood also requested that a copy of Planning Commission Protocol be included in the Commission's agenda binders. Commissioner Kokal - questioned why Lambert Park at Ellis and Newland has been fenced off. Staff explained that the access ramp, which is a mitigation measure for the Wal-Mart development project, is under construction at the park. Commissioner Kokal also voiced concerns about the Commission's approval of Conditional Use Permit No. 01-14 (Little House of Repairs) stating that the process of approving certain conditions should be analyzed more carefully in order to ensure compliance with code requirements and related guidelines. Fire Department Staff explained that "distinct hazards" must be brought up to current code requirements regardless of the structure's age or whether a particular condition has been "grand -fathered" into a new entitlement. Commissioner Borden — explained his reasons for voting no on Zoning Text Amendment No. 01-04 (Entitlement Permit Streamlining) by stating the added notification language defeated the purpose of the streamlining process. F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Principal Planner - reported that no Planning Department items were heard before the City Council at the October 1, 2001 meeting. F-2. PLANNING COMMISSION ITEMS FOR NEXT MEETING Jane James, Associate Planner— stated that the regularly October 23, 2001 meeting will be cancelled due to lack of public hearing items, and reviewed items for the November 13, 2001 meeting. G. ADJOURNMENT — Adjourn to the Planning Directors Association of Orange County Planning Officials Forum on Thursday, October 11, 2001 at 8:00 a.m. at the Crowne Plaza Hotel in the City of Garden Grove, California; and then to the next scheduled Planning Commission meeting of Tuesday, November 13, 2001. HZ:JJ:d APPR ED BY: Howard Zelefsky, Secretary (01 pcm1009) Connie Mandic, Chai erson