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HomeMy WebLinkAbout2003-03-11MINUTES Huntington Beach Planning Commission Tuesday, March 11, 2003 Huntington Beach Civic Center 2000 Main Street, Huntington Beach, California 92648 STUDY SESSION Room B-8 5:15 PM - 6:30 PM CALL PLANNING COMMISSION MEETING TO ORDER P P P P A P P ROLL CALL: Davis, Bohr, Stanton, Kokal, Shomaker, Dingwall, Ray I. PC BYLAWS — Randy Kokal The Commission and staff discussed potential Bylaw revisions that may be considered for action during the regular meeting. The Commission asked staff to explain the history behind the "4 affirmative vote" rule for items requiring a vote of approval versus a majority decision. Staff provided the history to the Commission as background information for their consideration. The Commission voiced concerns about retaining video taped recordings of meetings, and the difference between "regular" and "special" meetings and public notification requirements. II. STUDY SESSION PRIORITY LIST — Randy Kokal The Commission prioritized items by straw votes to be considered for future Study Sessions. The remaining priority list topics were continued to the March 25, 2003 Planning Commission Study Session. Ill. AGENDA REVIEW — Herb Fauland Fauland reviewed the agenda and noted an incorrect address for Item No. B-1 as part of the legal notice and agenda. In consultation with the City Attorney it was determined that the legal notification requirements had been substantially complied with and the hearing would be conducted. IV. PUBLIC COMMENTS REGARDING STUDY SESSION ITEMS — None. RECESSED FOR DINNER AT 6:37 P.M. (03p=0311) PC Minutes March 11, 2003 Page 2 REGULAR MEETING City Council Chambers 7:00 p.m. PLEDGE OF ALLEGIANCE P P P P A P P ROLL CALL: Davis, Bohr, Stanton, Koka/, Shomaker, Dingwall, Ray AGENDA APPROVAL A. ORAL COMMUNICATIONS - None. B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1. CONDITIONAL USE PERMIT NO.02-63 (SPARK - LIVE ENTERTAINMENT AND DANCING): Applicant: William Chait Request: To permit live entertainment for special events consisting of live music or a disc jockey, and light jazz music on selected evenings. The request includes a 200 square foot dance floor in conjunction with the existing 4,000 square foot restaurant. Location: 300 Main Street, Ste. 202 (northeast corner of Main Street and Pacific Coast Highway). Project Planner: Paul Da Veiga • Conditional Use Permit No. 02-63 request: - Permit live entertainment consisting of music at special events and light jazz on selected evenings - Permit dancing within the restaurant on a 200 square foot dance floor • Staffs Recommendation: Approve Conditional Use Permit No. 02-63 based upon the following: - Proposed restaurant will comply with the Downtown Specific Plan and Downtown Parking Master Plan. - Live entertainment including dancing will not impact surrounding properties as conditioned. - The restaurant use with entertainment and dancing is consistent with the Mixed Use General Plan Land Use designation. Commissioner Davis disclosed that he had spoken with the applicant. Commissioner Bohr excused himself from action on the item due to a possible conflict of interest. Staff made a presentation to the Commission. Questions/comments included: ■ Information on any complaints received by Code Enforcement or neighboring residents (none received by staff) ■ Information on other downtown businesses with live entertainment ■ Decibel level restrictions (03p=0311) PC Minutes March 11, 2003 Page 3 ■ Hours allowed/restricted for live entertainment, including the number of performers ■ Fire exits (concerns were directed to staff prior to the meeting but all areas of concern were satisfied) THE PUBLIC HEARING WAS OPENED: William Chait, applicant, was available to answer questions. The Commission asked about the location of the proposed dance floor, and whether or not it was mobile. The applicant provided the dance floor location and informed them it would not be mobile. The applicant also discussed greater inhibitors for sound restrictions and informed the Commission that an engineer performed sound readings. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY STANTON, SECONDED BY DAVIS, TO APPROVE CONDITIONAL USE PERMIT NO.02-63 (SPARK LIVE ENTERTAINMENT AND DANCING) WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Davis, Stanton, Kokal, Dingwall, Ray NOES: None ABSENT: Shomaker ABSTAIN: Bohr MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.02- 63 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.02-63: 1. Conditional Use Permit No. 02-63 to permit live entertainment including a 200 square foot dance floor within the existing 4,000 square foot restaurant will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed uses will not create adverse noise or parking impacts to the surrounding (03pcm0311) PC Minutes March 11, 2003 Page 4 businesses and residents based on the availability of parking within the existing parking structure which can accommodate the additional four parking spaces required for the proposed dance floor. In addition, the request for live entertainment and dancing is incidental to the primary use of the subject suite as a restaurant establishment. 2. The proposed live entertainment with dancing will be compatible with surrounding uses. 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. In addition, the proposed live entertainment would not result in noise impacts based on the mixed -use character of commercial developments in the downtown. Several conditions of approval such as requiring that all doors and windows remain closed during live entertainment, and regulating the hours of operation, have been included in the Entertainment Permit to ensure compatibility with surrounding businesses and residents. 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 proposed use will comply with parking in the Downtown Parking Master Plan and will be accommodated by the existing parking supply in the existing parking structure. There is no physical development proposed as part of the request and the existing restaurant complies with all 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 including the following policies and objectives identified in the General Plan: A. Land Use Element Policy LU 7.1.1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. Obiective LU 7.1 Accommodate the development of a balance of land uses that (a) provides for the housing, commercial, employment, cultural, entertainment, and recreation needs of existing and future residents, (b) provides employment opportunities for residents of the City and surrounding subregion, (c) captures visitor and tourist activity, and (d) provides open space and aesthetic relief from urban development. 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. The proposed live entertainment with dancing will allow the existing establishment to expand on its services to its patrons and surrounding residents, and provides a new entertainment venue within the Downtown. (03pcm0311) PC Minutes March 11, 2003 Page 5 B. Coastal Element Policy C 3.2.3 Encourage the provision of a variety of visitor -serving commercial establishments within the Coastal Zone, including but not limited to, shops, restaurants, hotels and motels, and day spas. The proposed live entertainment with dancing increases the commercial viability of the existing restaurant use allowing for its continued success within the Downtown, and expands its available services to its patrons. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.02-63: 1. The site plan and floor plans received and dated October 31, 2002 shall be the conceptually approved layout. 2. 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. 3. The business shall not be in operation after 2 a.m. and shall not begin operation prior to 8 a.m. (PD) 4. Any increase in occupancy loading will require separate review and approval by the Fire Department. (FD) 5. All existing paths of egress shall be maintained during times of live entertainment and dancing. (FD) 6, The use shall comply with the following: a. Live entertainment shall be conducted within the restaurant and shall not be audible beyond the control of the business. b. Alcoholic beverages shall only be permitted to be served while the restaurant kitchen is in operation. c. There shall be no dumping of trash to outdoor dumpsters between 8:00 PM and 7:00 AM. d. All conditions of the Entertainment Permit as approved by the Police Department. 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 (03pcm0311) PC Minutes March 11, 2003 Page 6 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. 02-63 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-63 shall become null and void unless exercised within one year of the date of final approval which is March 11, 2004, 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. 02-63 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. 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. C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED JANUARY 14, 2003 A MOTION WAS MADE BY DINGWALL, SECONDED BY BOHR, TO APPROVE THE PLANNING COMMISSION MINUTES DATED JANUARY 14, 2003, AS AMENDED BY THE FOLLOWING VOTE: AYES: Davis, Bohr, Stanton, Kokal, Dingwall, Ray NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED (03pcm0311) PC Minutes March 11, 2003 Page 7 C-2. PLANNING COMMISSION MINUTES DATED FEBRUARY 11, 2003 A MOTION WAS MADE BY BOHR, SECONDED BY DAVIS, TO APPROVE THE PLANNING COMMISSION MINUTES DATED FEBRUARY 11, 2003, BY THE FOLLOWING VOTE: AYES: Davis, Bohr, Stanton, Dingwall, Ray NOES: None ABSENT: Shomaker ABSTAIN: Kokal MOTION PASSED C-3. PLANNING COMMISSION MINUTES DATED FEBRUARY 25, 2003 A MOTION WAS MADE BY DAVIS, SECONDED BY BOHR, TO APPROVE THE PLANNING COMMISSION MINUTES DATED FEBRUARY 25, 2003, BY THE FOLLOWING VOTE: AYES: Davis, Bohr, Stanton, Kokal, Dingwall, Ray NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1. PLANNING COMMISSION BYLAWS (CONTINUED FROM JANUARY 14, 2003) Commissioner Ray presented the revisions to the Bylaws as amended by the Subcommittee. RECOMMENDED ACTION: Motion to: "Approve the Planning Commission Bylaws as prepared by the Planning Commission Bylaws Subcommittee and amended by straw vote and forward to the City Council for final consideration." The Commission discussed making straw votes and asked the City Attorney if a straw vote would bind taking final action on the item. Discussion ensued regarding Section 1. TITLE AND MEMBERSHIP. The Commission voiced concerns about language identifying official title and the number of members, and whether it was consistent with what is written in related City Council ordinance documentation. (03p=0311) PC Minutes March 11, 2003 Page 8 A STRAW VOTE MOTION WAS MADE BY BOHR, SECONDED BY RAY, TO APPROVE SECTION 1. TITLE AND MEMBERSHIP AS PROPOSED BY THE SUBCOMMITTEE, BY THE FOLLOWING VOTE: AYES: Bohr, Stanton, Kokal, Dingwall, Ray NOES: Davis ABSENT: Shomaker ABSTAIN: None MOTION PASSED Discussion ensued regarding Section 5. DUTIES OF THE SECRETARY. The Commission suggested adding language to include video taped recordings as part of the permanent record. Concerns were voiced about non-compliance with the City Council's recent adoption of a citywide records retention schedule. A STRAW VOTE MOTION WAS MADE BY BOHR, SECONDED BY RAY, TO APPROVE SECTION 5. DUTIES OF THE SECRETARY AS PROPOSED BY THE SUBCOMMITTEE, BY THE FOLLOWING VOTE: AYES: Davis, Bohr, Stanton, Ray NOES: Kokal, Dingwall ABSENT: Shomaker ABSTAIN: None MOTION PASSED Discussion ensued regarding Section 6. ADVISORS (b) Regular Meetings, and whether or not it was necessary to include language that spells out public notification requirements. A STRAW VOTE MOTION WAS MADE BY BOHR, SECONDED BY KOKAL, TO APPROVE SECTION 6. ADVISORS (b) Regular Meetings AS PROPOSED BY THE SUBCOMMITTEE, BY THE FOLLOWING VOTE: AYES: Bohr, Stanton, Kokal, Dingwall, Ray NOES: Davis ABSENT: Shomaker ABSTAIN: None MOTION PASSED Discussion ensued regarding Section 6 ADVISORS (c) Special Meetings, and whether or not it was necessary to include language that indicating that "special meetings" require the same public notification as "regular meetings". (03pcm0311) PC Minutes March 11, 2003 Page 9 A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY DINGWALL, TO APPROVE SECTION 6. ADVISORS (c) Special Meeting AS PROPOSED BY THE SUBCOMMITTEE, BY THE FOLLOWING VOTE: AYES: Bohr, Stanton, Kokal, Dingwall, Ray NOES: Davis ABSENT: Shomaker ABSTAIN: None MOTION PASSED Discussion ensued regarding Section 11. PARLIAMENTARY PROCEDURE. The Commission suggested eliminating the four (4) affirmative vote requirement to approve applications, resolutions and code amendments, and instead consider language stating "a majority of members present." The Commission and City Attorney discussed the legal issues behind automatic continuance and violation of mandatory processing times. The Commission suggested that allowing a majority of members present to approve applications, resolutions and code amendments allows manipulation of applications by staff, and that such practices in the past led to the four (4) affirmative vote requirement. A STRAW VOTE MOTION WAS MADE BY DINGWALL, SECONDED BY BOHR, TO AMEND SECTION 11. PARLIAMENTARY PROCEDURE BY ELIMINATING "an affirmative vote of four (4) members of the Planning Commission either for approval or denial" AND TO READ "a majority of the Planning Commission members present either for approval or denial". BY THE FOLLOWING VOTE: AYES: Kokal, Dingwall, Ray NOES: Davis, Bohr, Stanton ABSENT: Shomaker ABSTAIN: None MOTION FAILS Further discussion ensued Section 11. PARLIAMENTARY PROCEDURE. The Commission and City Attorney discussed keeping language related the four (4) affirmative vote rule, but amending the language related automatic continuance by stating "In the event the required affirmative vote is not cast, the matter shall be deemed denied." (03p=0311) PC Minutes March 11, 2003 Page 10 A STRAW VOTE MOTION WAS MADE BY BOHR, SECONDED BY DINGWALL, TO AMEND SECTION 11. PARLIAMENTARY PROCEDURE BY ELIMINATING "continued to the next regular meeting or to a date certain, agreed to by a majority of the Commissioner's present, except that if such continuance would be in violation of government code requirements for timely consideration, the matter shall be deemed denied. If at the continued meeting the continued matter again fails to receive four (4) affirmative votes, either for approval or denial, the matter will be deemed denied, AND TO READ "deemed denied", BY THE FOLLOWING VOTE: AYES: Bohr, Kokal, Dingwall NOES: Davis, Stanton, Ray ABSENT: Shomaker ABSTAIN: None MOTION FAILS The Commission discussed allowing the applicant to determine continuance options and called for reconsideration of the previous motion made by Commissioner Bohr. A STRAW VOTE MOTION WAS MADE BY BOHR, SECONDED BY DINGWALL, TO AMEND SECTION 11. PARLIAMENTARY PROCEDURE BY ELIMINATING 'continued to the next regular meeting or to a date certain, agreed to by a majority of the Commissioner's present, except that if such continuance would be in violation of government code requirements for timely consideration, the matter shall be deemed denied. If at the continued meeting the continued matter again fails to receive four (4) affirmative votes, either for approval or denial, the matter will be deemed denied, AND TO READ "deemed denied", BY THE FOLLOWING VOTE: AYES: Bohr, Kokal, Dingwall, Ray NOES: Davis, Stanton ABSENT: Shomaker ABSTAIN: None MOTION PASSES The Chair thanked the Bylaw Subcommittee for their hard work. (03pcm0311) PC Minutes March 11, 2003 Page 11 A MOTION WAS MADE BY BOHR, SECONDED BY RAY, TO APPROVE THE PLANNING COMMISSION BYLAWS AS PREPARED BY THE PLANNING COMMISSION BYLAW SUBCOMMITTEE AND AMENDED BY STRAW VOTE AND FORWARD TO THE CITY COUNCIL FOR FINAL CONSIDERATION, BY THE FOLLOWING VOTE: AYES: Bohr, Stanton, Kokal, Dingwall, Ray NOES: Davis ABSENT: Shomaker ABSTAIN: None MOTION APPROVED E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS Commissioner Ray attended the March 6, 2003 meeting of the Environmental Board. The Board plans to make a presentation to the Planning Commission at a future study session. Commissioner Ray also attended a meeting of the Shipley Nature Center Subcommittee on March 7, 2003 for Subcommittee Liaison Stanton. E-2. PLANNING COMMISSION COMMENTS Commissioner Dingwall — stated that the Commission should abide by published adjournment times in consideration of Commission and staffs outside commitments. Commissioner Ray — stated that published agendas should not include an adjournment time. He mentioned that the Commission would be establishing protocol for the agenda publishing process. Commissioner Davis — supports eliminating adjournment times on Planning Commission meeting agendas. Commissioner Stanton — none. Commissioner Bohr — none. Commissioner Kokal — thanked the Commission for its participation in the March 4, 2003 PC/Staff Communication Workshop directed by Dr. Bill Mathis. He also endorsed establishing protocol for the agenda publishing process. Commissioner Shomaker —Absent. (03pcm0311) PC Minutes March 11, 2003 Page 12 F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Planning Manager — reported that no Planning Department items were heard before the City Council on March 3, 2003. F-2. CITY COUNCIL ITEMS FOR THE NEXT MEETING Scott Hess, Planning Manager — reported that no Planning Department items will be heard before the City Council on March 17, 2003. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner — reviewed items for the regularly scheduled meeting of March 25, 2003. He noted that no public hearings items are to be presented, and therefore reviewed the study session items. G. ADJOURNMENT — Adjourned at 8:35 p.m. to March 20, 2003 for the Planner's Institute Conference in San Diego, and then to the next regularly scheduled Planning Commission meeting of March 25, 2003. HZ: H F: rl APPROVED BY: H14Wrd Zelefsky, Secretary (03pcm0311) 71e,1111 r- 2Z------ RaVdy Ko , Chair