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HomeMy WebLinkAbout2006-09-12MINUTES HUNTINGTON BEACH PLANNING COMMISSION s TUESDAY, SEPTEMBER 12, 2006 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 5:15 P.M. - ROOM B-8 (CITY HALL LOWER LEVEL) CALL PLANNING COMMISSION MEETING TO ORDER P P P P P P A ROLL CALL: Burnett, Livengood, Scandura, Dingwall, Ray, Horgan, Dwyer Commissioner Dwyer arrived at 5:30 p.m. AGENDA APPROVAL A MOTION WAS MADE BY LIVENGOOD, SECONDED BY HORGAN TO APPROVE THE PLANNING COMMISSION STUDY SESSION AGENDA OF SEPTEMBER 12, 2006, BY THE FOLLOWING VOTE: AYES: Burnett, Livengood, Scandura, Dingwall, Ray, Horgan NOES: None ABSENT: Dwyer ABSTAIN: None MOTION APPROVED INTRODUCTION OF NEW PLANNING STAFF New Planning staff members Andrew Gonzales, Assistant Planner, Ann Minnie, Office Assistant II, and Tess Nguyen, Associate Planner, introduced themselves to the Commissioners. A. PROJECT REVIEW (FUTURE AGENDA ITEMS): A-1. CONDITIONAL USE PERMIT NO. 06-23 (HUNTINGTON BEACH BEER COMPANY — 201 MAIN ST.) — Rami Talleh Rami Talleh, Associate Planner, gave an overview of the proposed project, which provides for the establishment of an outdoor dining area, indoor dance floor, amended hours of operation, and parking in -lieu fees. Commissioner Ray asked what comments the Police Department had with the CUP. Talleh stated that they are concerned with the distance between the proposed outdoor dining area and the restaurant and the management's ability to visually monitor outdoor activity. (06p=0912) Discussion ensued between Commissioners and staff regarding the parking in -lieu fee, placement of parking bollards, and the use of the elevator to transport food. A-2. GENERAL PLAN CONFORMANCE NO.06-02 (TAYLOR STREET VACATION) - Jason Kelley Jason Kelley, Associate Planner, outlined the proposed street vacation and the intended improvements to the site. Discussion ensued regarding costs to the property owner and projected improvements to the property. Ray asked if the vacation is considered an easement or land transfer and if the improvements are required. Joe Claudio, Associate Civil Engineer, explained that a quitclaim deed would be completed for the new owner. The project is considered a landscape beautification project and access must be preserved to the existing garage making the improvements necessary. A-3. APPEAL OF DESIGN REVIEW NO.06-24 (CIVIC CENTER ADMINISTRATION BUILDING SEISMIC RETROFIT) — Rosemary Medel Ross Cranmer, Director of Building and Safety, gave a Powerpoint presentation of the alternative retrofit designs. He explained that the Design Review Board's recommended design is aesthetic in nature but by adding the top portion to the building it not only allows for a better design flow, but the additional weight would make the overall structure more stable. Discussion ensued between the Commissioners and staff regarding cost, design and funding. B. STUDY SESSION ITEMS - NONE C. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS): Rami Talleh, Associate Planner, advised of a late communication for Item F-2. D. PLANNING COMMISSION COMMITTEE REPORTS: Commissioner Ray stated that the Major Projects Review Process Committee has completed their report and the item is up for action at tonight's meeting (Item D-1). E. PUBLIC COMMENTS (Regarding Study Session Portion of Meeting) — NONE Mike Adams, applicant for Study Session Item A-1 spoke in favor of the proposed project and stated he was available for questions. (06pcm0912) F. PLANNING COMMISSION COMMENTS: Commissioner Ray commented on the use of the elevator at 201 Main (Study Session Item A-1) being impacted negatively if used for regular food deliveries to the outdoor dining and asked for some information regarding ADA requirements. Commissioner Livengood asked if all required residents were notified of Public Hearing Item B-2. Staff advised that required notifications were made in accordance with State Law. 6:15 P.M. — RECESS FOR DINNER 7:00 P.M. — COUNCIL CHAMBERS CALL PLANNING COMMISSION MEETING TO ORDER PLEDGE OF ALLEGIANCE — Led by Chair Dingwall P P P p P A P ROLL CALL: Burnett, Livengood, Scandura, Dingwall, Ray, Horgan, Dwyer Commissioner Horgan arrived at 8:30 pm AGENDA APPROVAL A MOTION WAS MADE BY RAY, SECONDED BY DWYER, TO APPROVE THE PLANNING COMMISSION AGENDA OF SEPTEMBER 12, 2006, BY THE FOLLOWING VOTE: AYES: Burnett, Livengood, Scandura, Dingwall, Ray, Dwyer NOES: None ABSENT: Horgan ABSTAIN: None MOTION APPROVED PRESENTATION OF PLANNING COMMISSION RESOLUTION NO. 1612 IN APPRECIATION OF OUTGOING COMMISSIONER STEVE RAY Commissioner Ray thanked the Planning Commissioners for their hard work and stated that he enjoyed his tenure on the Commission. A. ORAL COMMUNICATIONS: Mike Adams, Consultant, provided comments supporting Item D-1 and recommended approval. B. PUBLIC HEARING ITEMS PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. (06p=0912) B-1. ENTITLEMENT PLAN AMENDMENT NO. 06-04 (AMENDMENT TO CONDITIONAL USE PERMIT NO.03-35 — TARGET DEPARTMENT STORE): Applicant: Pacific Land Services (John Warren) Request: To amend Condition of Approval No. 5f, which requires all doors on the southerly and westerly facades to remain closed at all times, and Condition of Approval No. 5g, which limits store operating hours to 7:00 a.m. to 12:00 a.m., of Conditional Use Permit No. 03-35 approved by the City Council on July 19, 2004. The proposed amendment is to allow (a): deliveries at the receiving door located along the westerly facade during approved loading dock hours (between the hours of 8:00 a.m. and 7:00 p.m. Monday through Friday, and 10:00 a.m. to 6:00 p.m. on Saturday and Sunday; and (b): to allow the store to operate 6:00 a.m. to 12:00 a.m. between Thanksgiving and New Year's Day, and 7:00 a.m. to 12:00 a.m. at all other times. Location: 9882 Adams Avenue (southwest corner of Brookhurst St. and Adams Ave.) Project Planner: Ron Santos STAFF RECOMMENDATION: Motion to: "Approve Entitlement Plan Amendment No. 06-04 with suggested findings and suggested conditions of approval." The Commission made the following disclosures: • Commissioner Burnett advised she spoke with staff and has visited the site many times as a patron. • Commissioner Livengood visited the site and spoke with staff. • Commissioner Scandura has visited the site and spoke with Councilmember Coerper and staff. • Chair Dingwall stated he has visited the site many times and spoken with staff. • Commissioner Ray visited the site and spoken with staff. • Commissioner Dwyer visited the site, spoke with staff and Mayor Sullivan. Ron Santos, Associate Planner, gave a Powerpoint presentation explaining the proposed amendment to store hours and deliveries to the west side receiving door. Commissioner Ray questioned if deliveries to the side door would impact air quality for the residents. Santos advised that there would be no increase in delivery activity, just a change in the receiving location; therefore, the emissions would not exceed air quality management district (AQMD) thresholds. Discussion ensued between the Commissioners and staff regarding delivery locations, emissions and parking lot use. Scandura questioned the use of the parking area to the rear of the building and the hours of access. Staff advised that the gates must remain locked from 10:00 p.m. to 7:00 a.m. according to the Conditions of Approval. Ray asked if any more complaints had been received regarding noise. Santos advised he had not received any complaints. John Warren, Applicant, reviewed the location of the receiving door and where trucks would park in order to deliver goods. He stated that the west side receiving door would be used for hand cart type (oep=0912) deliveries that were currently being made through the front customer entry door. The relocation of these types of deliveries would avoid potential injury to customers and damage to entryway flooring. Warren also stated that the proposed holiday hours would be more customer friendly and allow patrons to shop on their way to work. Commissioner Livengood requested to limit the size of trucks utilizing this west side door for deliveries and prohibiting the use of forklifts. The applicant stated this condition was acceptable. Commissioner Dwyer suggested a sign be placed by the delivery door stating this proposed condition. Discussion ensued between the Commissioners and the Applicant regarding the size and type of delivery trucks utilizing the proposed west side receiving door, parking, and hours of delivery. THE PUBLIC HEARING WAS OPENED Robert Copeland, resident, voiced his opposition to allowing deliveries at the west side door due to larger trucks using the area prior and blocking fire lanes. He added that speed bumps should be installed to the rear of the store. Rebecca Brown, resident, voiced her concern regarding noise and air quality. She stated that employees come early to work, make noise outside, turn on lights, and trucks arrive before authorized delivery times and idle by the delivery area. Girard Manke, resident, thanked store manager Randy Yee for his help mitigating issues such as drivers not abiding by the signs indicating delivery hours and idling time limits. Pamela Manke, resident, stated that she has been negatively impacted by the noise from truck deliveries and asked that the Planning Commission not allow any more truck deliveries near residences. Ray asked Rebecca Brown how the truck idling was affecting her home. She stated that prior to deliveries not being allowed at the west side door her home constantly smelled of truck fumes and she requested that deliveries not be allowed at this proposed site. Discussion ensued between the Commissioners and the store manager regarding loading dock noise and hours of delivery. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Livengood stated he was not convinced that the applicant has worked closely enough with the residents in regards to mitigating the issues. He recommended that speed bumps be placed at the rear of the building and suggested delivery hours of 8:00 a.m. to 12:00 p.m. be made a condition of approval. Commissioner Burnett recommended that a size restriction be placed on trucks delivering to the west side door. (06p=0912) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BURNETT TO APPROVE ENTITLEMENT PLAN AMENDMENT NO.06-04 WITH SUGGESTED FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Burnett, Livengood, Scandura, Dwyer NOES: Dingwall, Ray ABSENT: None ABSTAIN: Horgan MOTION APPROVED FINDINGS AND CONDITIONS OF APPROVAL ENTITLEMENT PLAN AMENDMENT NO. 06-04 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 15305 — Minor Alterations in Land Use Limitations of the CEQA Guidelines, because the request represents an amendment to previously imposed land use limitations which will not result in any changes in land use or density. FINDINGS FOR APPROVAL — ENTITLEMENT PLAN AMENDMENT NO. 06-04: 1. Entitlement Plan Amendment No. 06-04 to amend Condition of Approval No. 5f and Condition of Approval No. 5g of Conditional Use Permit (CUP) No. 03-35 to allow (a): deliveries at the receiving door located along the westerly facade between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, and 10:00 a.m. to 4:00 p.m. on Saturday and Sunday; and (b): to allow the store to operate 6:00 a.m. to 12:00 a.m. between Thanksgiving and New Year's Day, and 7:00 a.m. to 12:00 a.m. at all other times 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 on the following factors: • The doors on the west side of the building are not overhead roll -up doors designed to accommodate heavy or bulk loading activities necessitating the use of heavy equipment such as forklifts or other operations likely to generate significant noise impacts. ■ Use of the receiving doors on the west side of the building would be limited to the hours between 8:00 a.m. and 5:00 p.m. Monday through Friday, and 10:00 a.m. to 4:00 p.m. on Saturday and Sunday. ■ All activities on the project site, including proposed deliveries at the receiving doors along the west side of the building are subject to compliance with Chapter 8.40 — Noise Control, of the Huntington Beach Municipal Code, which contains noise standards designed to ensure no significant detrimental impacts occur to adjacent properties. ■ The Target storefront and entrances are oriented to the east, away from residential properties to the south and west, existing conditions of approval require that the gates providing access to the rear of the building (i.e., adjacent to residential areas) remain closed before 7:00 a.m., and no garden center or other outdoor sales areas exist on site. In addition, no loading/delivery activities are permitted on the site on any day prior to 8:00 a.m. Consequently, any activities occurring on the site during the one -hour period (6:00 a.m. to 7:00 a.m.) requested are unlikely to generate noise impacts at residential areas behind the building to the west and south. (06p=0912) ■ Prior to approval of Conditional Use Permit No. 03-35 for the new Target store, there were no limitations on operations and delivery hours for Target. 2. The entitlement plan amendment will be compatible with surrounding uses because the proposed amendment to conditions of approval represents a minor alteration in land use limitations, which will not generate significant noise or other impacts to surrounding uses, for a project which had previously been designed to achieve compatibility and was reviewed and approved on the basis that the project is compatible with surrounding land uses. 3. The proposed Entitlement Plan Amendment No. 06-04 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 (HBZSO). The HBZSO does not regulate operating hours or delivery hours for commercial uses or otherwise contain provisions which restrict locations for deliveries. The use is subject to compliance with Chapter 8.40 — Noise Control, of the Huntington Beach Municipal Code. 4. The granting of the conditional use permit will not adversely affect the General Plan. The project is consistent with the Land Use Element designation of CG-F1 (General Commercial — FAR 0.35) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Goal LU 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 LU 10. 1.5: Require that buildings, parking, and vehicular access be sited and designed to prevent adverse impacts on adjacent residential neighborhoods. Policy LU 10.1.6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. The proposed amendment to conditions of approval for the Target store will improve the fiscal viability of a commercial use which generates significant tax revenues for the City, and thereby improve the fiscal viability of the City. Based on the type of deliveries which can be accommodated at the receiving doors along the west side of the building, the restriction on delivery hours, restrictions on use of the area behind the building prior to 7:00 a.m. provided by access gates, and the location of parking, store entrances and activity areas on the site, no adverse impacts to adjacent residential neighborhoods is anticipated. (06p=0912) CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 03-35: (ENTITLEMENT PLAN AMENDMENT NO.06-04 — PC APPROVED 9/12/06) 1. The site plan, floor plans and elevations received and dated July 28, 2004 shall be the conceptually approved layout with the following modifications: a. The loading dock enclosure shall be constructed with sound absorbing material designed to minimize noise impacts associated with loading and unloading activities. Truck loading and maneuvering shall be designed to provide the greatest separation possible from the adjacent residential properties. The architecture colors and materials of the enclosure shall be consistent with the overall building architecture. b. The architecture colors and materials of the garden center shall be consistent with the overall building architecture. c. The design, colors, and materials for the subject building shall be reviewed by the Design Review Board (DRB) following approval by the Planning Commission. 1) Elevations shall be revised to incorporate multiple roof planes and/or a variety of roof slopes to reduce the overall mass and bulk of the building and comply with the Urban Design Guidelines. 2) The overall architectural theme shall reflect a contemporary architectural design consistent with the design concept identified on elevation dated April 14, 2004. Several massing elements, in various volumes, shall be incorporated into the design. Varied use of earth tone colors and quality exterior materials such as stone veneer, split -face block, or other similar material shall be incorporated to accent prominent portions of the building facades. 3) The design of the garden center shall incorporate an enhanced entry design which shall have the appearance of a secondary storefront. The design of the garden center shall include similar architectural design as the overall building. 4) A public art element shall be integrated and be in a location that is visible to the public within the project site. Public art shall incorporate the following: i) Artistic excellence and innovation ii) Appropriate to the design of the project iii) Indicative of the community's cultural identity (ecology, history, society) The Design Review Board's recommended public art element shall be reviewed and approved by the Planning Director, prior to issuance of a building permit for the project. The public art shall be in place at the subject site prior to final building inspection. d. The cart corrals shall be constructed with a durable material such as concrete block. The design of the cart corrals shall be consistent with Sheet 6 of the conceptual plans dated March 18, 2004. The colors and materials used on the cart corrals shall be consistent with the subject building. (06p=0912) PC Minutes September 12, 2006 Page 3 e. All non -conforming signs shall be eliminated from the subject site, including the one pylon sign along the Adams Avenue frontage and a second pylon sign along the Brookhurst Street frontage. A planned sign program for all signage on the subject property and outlying commercial pads shall be submitted to the Planning Department. Said program shall be approved prior to the first sign permit request. f. Prior to submittal for building permits. The applicant shall submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval, and inclusion in the entitlement file to the Planning Department and submit 8.5 inch by 10 inch colored elevations, materials board, and renderings to the Planning Department for inclusion in the entitlement file. g. All parking that is proposed behind the store, within the access gates, shall be designated as employee -only parking. h. A minimum of two speed bumps shall be provided behind the building, subject to review and approval by the Fire Department. i. All perimeter trees located directly adjacent to residential properties shall be of a species that is non -deciduous and results in minimal impacts in maintenance and upkeep to adjacent properties. 2. Prior to issuance of a grading permit, the following shall be completed: a. The site plan received and dated April 14, 2003 shall be the approved layout except for the following: (PW) 1) The driveway on the south side of the property along Brookhurst Street shall be widened to a minimum of 36-feet in width, to allow for two egress lanes. 2) A minimum 10-foot sight triangle must be provided at all points on the site, including the building corners. Areas of concern include the northwest corner (at the loading dock) and northeast corner of the building. The sidewalk must also be extended a minimum of four feet west of the building corner. 3) A truck -tracking exhibit, utilizing a WB-50 design vehicle, must be provided to demonstrate that delivery trucks can be accommodated. This truck tracking exhibit must illustrate a truck entering the site, accessing the loading docks and egressing the site. It must be demonstrated that the truck movements will not encroach into opposite directions of roadway traffic nor impact the parking spaces shown. 4) A traffic signal shall be constructed at the main driveway entrance on Adams Avenue. This traffic signal shall include the installation of interconnect conduit and cable to the traffic signal controller cabinet at the intersection of Brookhurst Street and Adams Avenue. A traffic signal and maintenance easement shall be provided in the driveway area. The appropriate curb ramp and signing & striping modifications shall be made to accommodate the traffic signal installation. (PW/MM) 5) The applicant shall provide the legal description(s), plat(s), and supporting documents necessary for the City to quitclaim any abandoned portions of the existing water line easement dedicated to the City of Huntington Beach. (PW) (06pcmO912) PC Minutes September 12, 2006 Page 4 3. Prior to issuance of building permits, the following shall be completed: a. An "Acceptance of Conditions" form shall be properly executed by the applicant and an authorized representative of the owner of the property, recorded with the County Recorder's Office, and returned to the Planning Department for inclusion in the entitlement file. Conditions of approval shall remain in effect in the recorded form in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. b. The public art element shall be approved by the reviewed by the Design Review Board and approved by the Planning Director. 4. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released for commencement of use and issuance of a Certificate of Occupancy until compliance with all conditions of approval specified herein are accomplished and verified by the Planning Department. 5. The use shall comply with the following: a. Target product delivery and trash pickup shall be permitted between the hours of 8:00 a.m. to 7:00 p.m. Monday through Friday and 10:00 a.m. to 6:00 p.m. on Saturday and Sunday. b. Delivery trucks shall not leave engines idling while delivering merchandise to the Target store. Trucks shall turn-off engines once they reach the loading dock. (MM) c. There shall be no loudspeakers or other amplified devices within the garden center, at any time. (MM) d. Rubber noise seals shall be provided around the opening to the building at the location of the loading dock. (MM) e. The trash compactor shall not be operated before 8:00 AM and after 7:00 PM. (MM) All doors along the southerly and westerly facades of the building shall remain closed, except that emergency access doors may be opened during an emergency and for testing to ensure operational adequacy, and the receiving door located on the westerly facade (see site plan dated 7-31-06) may be opened and used for vendor deliveries between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday and 10:00 a.m. to 4:00 p.m. on Saturday and Sunday. Vendor delivery trucks using this receiving door shall be limited to trucks a maximum of 26 feet in length and shall not park or encroach into any fire lanes. The use or operation of forklifts or other heavy equipment in association with deliveries at the receiving door shall be prohibited. (06p=0912) PC Minutes September 12, 2006 Page 5 Sign(s) specifying the restrictions associated with deliveries at the receiving door stated herein shall be posted and maintained on the exterior of the west wall of the loading dock and at the receiving door at all times. A drawing depicting the size, location and text of the required signs shall be submitted for review and approval to the Planning Department and installed prior to the occurrence of deliveries at the receiving doors. (AMENDED 09/12/06) g. The hours of operation for the Target store shall be from 7:00 a.m. to 12:00 a.m., except between Thanksgiving and the immediately following New Year's Day, each year, when permitted store operating hours shall be 6:00 a.m. to 12:00 a.m. The access gates to the rear of the building shall remain closed from 10:00 p.m. to 7:00 a.m. (AMENDED 09/12/06) h. Parking lot lights shall be automatically dimmed to minimal security level lighting one hour after closing. i. The Target Department Store shall be designated as a single user with a maximum of 10 percent of the gross building floor area devoted to an ancillary retail/restaurant tenant. j. Any re -use of the site or request for future demising walls to allow for a new use within the subject building shall require approval of a conditional use permit by the Planning Commission. k. All outdoor display of seasonal, holiday, special events, and temporary outdoor sales events within the parking lot, on sidewalks, or any other portion of the project site shall be subject to the Huntington Beach Zoning and Subdivision Ordinance Code. At no time shall a Temporary Use Permit be granted for the area between the subject building and the southerly or westerly property lines. I. There shall be no outside storage of storage containers or bins, vehicles, vehicle parts, equipment, or trailers. There shall be no outside storage of palettes or other product at any time without the required permits. m. There shall be no loitering by patrons or employees within the parking areas located at the rear of the subject building. Signs shall be posted to indicate that no loitering in all parking areas located behind the subject building. Store managers shall be responsible for regulating all activity occurring at the rear of the subject building at all times. n. A store liaison shall be permanently established and available to assist neighbors and residents with issues regarding the site during construction and after completion of the project when the development is open for business. A sign identifying the store contact and telephone number shall be permanently posted on -site. o. All Mitigation Measures of Mitigated Negative Declaration No. 03-02 shall be adhered to. 6. Within 30 days of Planning Commission action on the six-month review, the following signs shall be installed (AMENDED 4/25/06): (06pcm0912) PC Minutes September 12, 2006 Page 6 a. A sign(s) prohibiting truck idling, identifying the permitted hours for loading and delivery, and providing a store contact shall be placed in a conspicuous location adjacent to the loading dock. The sign shall be sized appropriately in order that it can be clearly viewed by truck drivers entering the loading dock area. The sign(s), the text, and location shall be submitted to the Planning Department for review and approval prior to installation. (AMENDED 4/25106) b. A sign shall be installed at the southeasterly portion of the building that indicates "No thru traffic" and "No deliveries permitted". The sign shall be placed in a conspicuous location with the text and location subject to the review of the Planning Department prior to installation. (AMENDED 4/25/06) 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 Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the 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. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. B-2. CONDITIONAL USE PERMIT NO. 06-20 (PONDEROSA STEAKHOUSE) Applicant: Michael C. Adams Associates Request: To permit the establishment of a 5,000 sq. ft. restaurant with alcohol sales, live entertainment and dancing, up to four billiard tables and 1,000 sq. ft. outdoor dining area. Location: 300 Pacific Coast Highway, #112 (south side of Walnut Avenue, between Main St. and Third St.) Project Planner: Rami Talleh STAFF RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 06-20 with suggested findings and conditions of approval." (06p=0912) PC Minutes September 12, 2006 Page 7 The Commission made the following disclosures: • Commissioner Burnett visited the site. • Commissioner Livengood visited the site and spoke with staff. • Commissioner Scandura visited the site and met with Mike Adams and the Applicant. • Chair Dingwall visited the site and spoke with Mike Adams and the Applicant. • Commissioner Ray visited the site and spoke with staff. • Commissioner Horgan visited the site. • Commissioner Dwyer visited the site. Rami Talleh, Associate Planner, gave a Powerpoint presentation covering the proposed project and identified the location of the proposed restaurant, dance floor, billiard area and outdoor dining area. Burnett referenced the late communication received regarding public notification and asked staff if appropriate public notification had been given. Talleh advised that public notice was given in accordance with state law. Ray voiced concern over adequate access to the outdoor patio area alley and hours of operation. Talleh advised these issues could be addressed in the conditions of approval. THE PUBLIC HEARING WAS OPENED Mike Adams, Applicant, spoke in favor of the proposed project and stated that Pierside Pavilion was designed as an entertainment complex. He explained that the Ponderosa Restaurant would be a family style restaurant with entertainment. He assured the Commissioners there would not be any live entertainment outdoors and suggested a six-month review be placed in the conditions of approval. Horgan voiced concern for the theatre patrons if the noise levels from the proposed restaurant become too loud. Adams stated that the theatre is not renewing its lease and will more than likely become office units. Richard Theil, President of the Huntington Beach Pier Colony Homeowners Association, voiced concerns over potential noise and air quality issues. James Melton, resident, advised that there is already too much noise from the established bars in the area and is concerned that the proposed project will negatively impact the area. R. C. Alley, resident, stated that he did not receive a public hearing notice regarding the proposed project and does not want to have a mechanical bull in the area. He said that more outdoor dining would make the noise levels intolerable to residents. Spyro Cacontis, resident, spoke in opposition of the proposed project due to the excessive noise in the area. He feels that the proposed project will negatively affect property values. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. (06pcm0912) PC Minutes September 12, 2006 Page 8 Ray applauded the applicant for wanting to open the business, but suggested trying to mitigate some of the negative impacts to residents. Dwyer asked if the dance floor would increase the occupancy load. Engberg stated that it would and the Building Department would calculate the adjusted occupancy load. Scandura questioned if outdoor dining had been at this location in the past. Scott Hess, Acting Director of Planning, stated that Johnny Rockets and a Vietnamese restaurant had some outdoor dining and the Golden Bear used the outdoor area for patrons lining up for concerts. Commissioner Dwyer stated that this proposed project should not be penalized because of negative issues caused by other bars in the area. Discussion ensued regarding the mechanical bull placement, noise issues and the placement of a sound wall surrounding the outdoor dining area. A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY SCANDURA REGARDING THE MANDATORY PLACEMENT OF A SOUND WALL AROUND THE OUTDOOR DINING LOCATION, THE VOTE AS FOLLOWS: THE COMMISSION DID NOT VOTE ON THE RECOMMENDED ACTION Discussion ensued regarding denial of the second phase of outdoor dining. A MOTION WAS MADE BY RAY, SECONDED BY SCANDURA TO APPROVE CONDITIONAL USE PERMIT NO. 06-20 WITH MODIFIED FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Livengood, Scandura, Dingwall, Ray, Dwyer NOES: Burnett, Horgan ABSENT: None ABSTAIN: None MOTION APPROVED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 06-20 (September 12, 2006) 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. (o6p=0912) PC Minutes September 12, 2006 Page 9 FINDINGS FOR APPROVAL: 1. Conditional Use Permit No. 06-20 for the establishment of a 5,000 sq. ft. restaurant with on - site alcohol sales, live entertainment and dancing, up to four billiard tables with shuffleboard, and a 1,000 sq. ft. two -phased outdoor dining area with alcohol (Phase One: 400 sq. ft., and Phase Two: 600 sq. ft.) 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 businesses and residents based on the availability of parking within the existing parking structure and limitations on hours of operation. 2. The proposed restaurant with alcohol sales, dancing, live entertainment and outdoor dining will be compatible with surrounding uses. The use will be required to comply with strict conditions of approval to assure that any potential impacts to the impacts to surrounding properties are minimized. In addition, the proposed use is consistent with the mixed -use character of commercial developments in the downtown. The use is subject to noise regulations such as requiring that all doors and windows remain closed during live entertainment, and regulation on the hours of operation 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. In addition, prior to construction of Phase Two of the outdoor dining area, the applicant will be required to submit a parking analysis demonstrating compliance with the Downtown Parking Master Plan. There is no physical expansion proposed as part of the request and the use will comply 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. Objective 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. (06p=0912) PC Minutes September 12, 2006 Page 10 The proposed restaurant will provide a new visitor -commercial venue within the Downtown that is consistent with the Land Use Density Schedules for the Downtown and is compatible with surrounding mixed -use development. 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 restaurant will increases the commercial viability of Pierside Pavilion, allowing for its continued success within the Downtown. The proposed establishment will expand the available visitor -serving commercial uses within the Coastal Zone available to its patrons. CONDITIONS OF APPROVAL: The site plan, floor plans, and elevations received and dated May 31, 2006, shall be the conceptually approved design with the following modification: a. A 42-inch high barrier in compliance with the Department of Alcoholic Beverage Control (ABC) and consistent with City standard designs shall be provided along the perimeter of the outdoor dining area. 2. The use shall comply with the following: a. All conditions of the Entertainment Permit issued by the Police Department shall be observed. b. All ingress/egress to and from the outdoor dining area shall be provided from inside the restaurant. Exiting from the outdoor dining area to the adjacent paseo shall be for emergency purposes only. c. Lighting in the outdoor dining area shall be regulated and directed to prevent "spillage" onto adjacent properties. d. The rear door providing access to the alley shall be closed at all times and used for emergency purposes only. 3. The hours of operation for the business shall be limited to between 7:00 am and 1:30 am daily and the hours of operation for outdoor dining shall be limited to between 11:00 am and 9:00 pm Mon.-Thur. and between 11:00 am and 10:00 pm Fri. -Sun. 4. Prior to construction of Phase Two of the outdoor dining area, adequate parking for the entire outdoor dining area shall be demonstrated or provided consistent with applicable code requirements. 5. A review of the use shall be conducted by the Planning Commission within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with the Huntington Beach Noise Ordinance. At that time the Planning Commission may consider modifications to the conditions of approval to address noise issues. (06p=0912) PC Minutes September 12, 2006 Page 11 INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. B-3. ZONING TEXT AMENDMENT NO. 06-02 (DENSITY BONUS AMENDMENT) _Applicant: City of Huntington Beach. Request: To amend Huntington Beach Zoning and Subdivision Ordinance, Section 230.14 Affordable Housing Incentives/Density Bonus, to comply with state mandated changes pursuant to Senate Bills 1818 and 435. The existing ordinance allows for up to a 25% density bonus when housing projects restrict 10-20% of the units as affordable or 50% for seniors. The proposed ordinance reduces the number and affordability of the units that must be restricted to qualify for a density bonus. Consistent with the new law, the proposed ordinance includes other provisions regarding incentives, concessions, waiver of development standards and child care facilities. Location: Citywide Residential Districts/Mixed Use Zoning. Project Planner: Rosemary Medel STAFF RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No. 06-02 with findings for approval and forward Draft Ordinance including the legislative draft to the City Council for adoption." A MOTION WAS MADE BY SCANDURA, SECONDED BY BURNETT TO CONTINUE ZONING TEXT AMENDMENT NO. 06-02 TO THE NOVEMBER 14, 2006, MEETING, BY THE FOLLOWING VOTE: AYES: Burnett, Livengood, Scandura, Dingwall, Ray, Horgan, Dwyer NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED C. CONSENT CALENDAR: C-1. PLANNING COMMISSION MINUTES DATED JUNE 13, 2006 RECOMMENDED ACTION: Motion to: "Approve the June 13, 2006, Planning Commission Minutes as submitted." (06p=0912) PC Minutes September 12, 2006 Page 12 A MOTION WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO APPROVE THE JUNE 13, 2006, PLANNING COMMISSION MINUTES AS MODIFIED, BY THE FOLLOWING VOTE: AYES: Burnett, Livengood, Scandura, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: Horgan, Dwyer MOTION APPROVED C-2. PLANNING COMMISSION MINUTES DATED JUNE 27, 2006 RECOMMENDED ACTION: Motion to: "Approve the June 27, 2006, Planning Commission Minutes as submitted." A MOTION WAS MADE BY SCANDURA, SECONDED BY BURNETT, TO APPROVE THE JUNE 27, 2006, PLANNING COMMISSION MINUTES AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Burnett, Livengood, Scandura, Dingwall, Dwyer NOES: None ABSENT: None ABSTAIN: Ray, Horgan MOTION APPROVED D. NON-PUBLIC HEARING ITEMS: D-1. PROJECT REVIEW PROCESS — Commissioner Ray RECOMMENDATION: Motion to: "Approve the amendment to The Project Review Process." A MOTION WAS MADE BY LIVENGOOD, SECONDED BY HORGAN, TO APPROVE THE AMENDMENT TO THE PROJECT REVIEW PROCESS, ACTION WAS TAKEN BY THE FOLLOWING VOTE: AYES: Burnett, Livengood, Scandura, Dingwall, Ray, Horgan, Dwyer NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED E. PLANNING ITEMS E-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Acting Director of Planning — reported on the items from the previous City Council meeting. (06p=091 2) PC Minutes September 12, 2006 Page 13 E-2. CITY COUNCIL ITEMS FOR NEXT MEETING Scott Hess, Acting Director of Planning — reported on the items scheduled for the next City Council meeting. E-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Acting Director of Planning — reported on the items scheduled for the next Planning Commission meeting. F. PLANNING COMMISSION ITEMS F-1. PLANNING COMMISSION REQUEST ITEMS — NONE F-2. PLANNING COMMISSION COMMENTS Commissioner Burnett — None. Commissioner Livengood — None. Vice -Chairperson Scandura — Wished outgoing Planning Commissioner Ray good luck in his future endeavors and looks forward to working with incoming Commissioner Blair Farley. Chairperson Dingwall — Wished Commissioner Ray well in the future Commissioner Ray — Asked staff about a Code Enforcement issue that was emailed to him. Staff advised they were researching the matter and will provide the information when available. Commissioner Horgan — Thanked Commissioner Ray for all the information he provided her while on the Commission. Commissioner Dwyer — Wished Commissioner Ray well in the future ADJOURNMENT: Adjourned at 12:10 a.m. to the next regularly scheduled getingo(September 26, 2006. (06p=0912)