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Environmental Assessment EAX1994016 - Notice of action Letter with Findings & Conditions of Approval
fl w Space For Ct Clerk's Use t. Council/Agency Meeting Held:_ Deferred/Continued to: 0 Approved Q Conditionally Approved © Denied City Clerk's Signature Council Meeting Date: February 21, 1995 Department ID Number: CD95-6 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTEC' RY: MICHAEL T, UBERUAGA, City Administrator PREPARED BY: MELANIE S. FALLON. Director of Community Development SUBJECT: ZONE CHANGE NO. 94-s Statement of issue, Funding Source, Recommended Action, Alternative Action, Analysis. Environmentai Status, A.cacf-rment(s) Statement of Issue Transmitted for City Council consideration is a request by Sandy Ryan to rezone a 10,900 square foot parcel located at 8032 Warner Avenue (see Attachment No. 3) by removing the Q uafified (0) zoning prefix from the base Commercial General (CG) zoning district, The property, currently occupied by Pet City, is restricted to office professioinal uses, and retaii sales of pets and pet supplies. By removing tie (Q) zoning prefix, general retail uses permitted by code would be allowed on the property. Fundin Source Not Applicable. Recommended Action Plannin Commission ar;d Staff Recommendaf;orl: Motion to: "Approve Zone Change No. 94-6 with findings for approval as outlined under Attachment No, 1, and Adopt Ordinance No. _ (Attachment No. 2ap Fl Kl REQUEST FOR COUNCIL ACTON ZONE CHANGE NO. 94-6 Plannin Commission Action on Januar 24. 1995: Meeting Date: February 21, 10-995 THE MOTION MADE BY BIDDLE, AND SECONDED BY TILLOTSON, TO RECOMMEND THE CIT`( COUNCIL APPROVE ZONE CHANGE NO. 94-6 WITK FINDINGS CARRIED BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Kerinl-, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: Ing[ee Alternative Action The City Council may make the following motion: "Deny Zone Change No. 94-6 with findings." Analysis Applicant: Sandy Ryan, 1614 S. Harbor Boulevard, Fullerton, CA 92632 Property Owner: Leedy Ying, 1614 S. Harbor Boulevard, Fullerton, CA 92632 Request: To remove the Qualified (0) zoning prefix from the Commercial General (CG) base zoning designation, whic'"} will eliminate the limitation of uses on the property. The existing zoning allows for only professional offices and services, ane retail sales- o pets and pet supplies. Pro'ect Pro osal: The applicant is requesting a zone charge to remove the Qualified(0) zoning prefix from the base commercial zoning designation on the 10,900 square foot site located on the southwest corner of Warner Avenue and "A" Street. The (0) zoning prefix was last changed on the propel ty in 1985 with the aaoption of Ordinance No. 2761, which limits commercial uses by only allowing offices and sales of pets and pet accessories only (see Attachment No. 4), The existing 2850 square foot building on the property is currently occupied by Pet City, a retail pet business. Fourteen parking spaces are provided on-site. The business operates between 10:00 AM to 9:00 PM Monday-Saturday, and until 7:00 PM Sunday. In the applicant's narrative (see Attachment No. 5), the applicant states that the existing store is not a profitable operation, and that the remova; of the ' -oning prefix will a!lm the property owner to lease the building to a more profitable business. plicant further ,fates that the (Q) zoning severely restricts the use and desirability of this arty for leasing. REQUEST FOR COUNCIL ACTION ZONE CHANGE NO. 94-6 Meeting Date: February 21, 1585 SUBJECT i ROPER rY AND SURROUNDING LAND USE. ZONING AND GENERAL PLAN DESIGNATIONS: Subject F, o,. pert: GENERAL. PLAN DESIGNATION: Commercial General ZONE: (Q) CG (QLalltied - Commercial ';,eneral) LAND USE: Retail Pet Store North of Sub "ect Pro ert across WarnerAvenue GENERAL. PLAN DESIGNATION: Commercial Gene'ai ZONE: CC, (Commercial General) LAND USE: Gas Station/Liquor store East and West of SubLect Pro,,? gqy GENERAL PLAN DESIGNATION: Commercial General ZONE: CG (Commercial General) LAND USE: Car Wash/Office Building South of Sub'ect Pro ert _: GENERAL PLi N DESIGNATION: Medium Density Residen ZONE: RM (Residential Medium Density; LAND USE: Apartments Zoneng GO' fanLe This property is located in the Commercial (' encrai zorie and complies with the requirements of that zone. The oroperty has received a parking varianu (CE 35-2) to allow 14 spaces in lie'i of 15 spaces for the subject building, and to allow two (2) compact parking spaces. General Plan Conformance. The proposed Zone Change conforms with the General Plan Land Use designation of General Commercial on the subject' grope; l:y. The Genera! Plan AL:-'isory Committee (GPAC) has reviewed the land use designation on the subject property and is recommending that the General Commercial designation remain on the property. The proposed Zone Change is consistent with the following Land Use Element policies contained in the General Plan: 1. Insuring commercial development that is econami ally viable, attractive, well relatad to other land uses, and satisfies the needs of the City's resident.. 2. Continuing, to diversify the economic base of the City and increasing the tax base, cDQ5_6 .3_ W1I `S RREQUEST FOR COUNCIL ACTION ZONE CHANGE NO. 94-5 Meeting Date: February 21, 1995 The proposed zone change will not restrict the property owner 1-olec--e the buildin g for a pet supply business or office , but will give the property owner the ability to lease the building to a more profitable business . It will =.zllow various types of retail uses to occupy the existing building which should enhance the City's tax base. Because the existing use is retail in nature, continued retail use will remain compatible and relate well with tihe other retail and office type uses on Warner Aver;uue and Beach Boulevard. Coastal Status : Not applicable. Rcdevelopment Status: Not applicable. Den Review Board: Not applicable. Subdivision Committee: Not applicable. Other De artn ents Concerns: The Departments of Public Works and Fire and Building D.Msio n have ro,Viewed the proposed zone change and have no objections io the request. Issues. History The (Q) zoning prefix was originally placed on the property in 1981 (Zorie Change No. 81-8) with th a adoption of Ordinance No. 2513, when the property was rezoned from R2 (Residential Medium Density) to (Q) C4 (Qualified - Highway Commercial). In general, the purpose of (Q) Qualified zoning was to provide a mean- of further restricting a bas:, ui,rin:t when special circumstances applie:.I to the property. In this instance, due to the poten&al tr f and parking impacts from retail or medical uses on the property, the City p= ,aced the (0) zoning prefix on the property, restricting retail and medica; uses, Because the oropiorty is locatt d on the corner of Warner A, erne and "A" Street and has secondary access to a i ailey used by rest tents, any intensified retail or medical uses may have resulted in traffic .hd parking impacts to Y-. sients on 'A" Street, Zore Change No, 83-9 (Ordinance No. 2653), approved in 1983, amended the () zonit:g by adding "fish supply store" as a permitted retail use. °, he balance of the ordinance ern wined unchanged. In 1985, approval of Zone Change No. 85-4 (Ordinance No 2761) once again amended the (Q) zoning, by changing the only allowed retail use froth `fi4 h supply itore" to "retail sales of pets and pet accessorlc.s." Later in 1985, the existing 2850 square foot buildirig was constructed, following the approval of Use Permit No. 85-5a and Conditional Exception No. 85-2. Conditional Exception No. 85-2 permitted reduced purking (14 ;races in lieu 15), two (2) compact spaces, and a zero (0) rear yard setback for 'he building 2;21/95CD95-6, REQUEST FOR COUNCIL ACTION ZONE CHANGE NO. 94-6 Meeting Dr te, February 21, 1995 The recent adoption of the Huntington Beach Zoning and Subdivision Ordinance does not inc,ude (Q) Qualified zoning provisions, thereby eliminating the process for placing this classifir ition on additional properties. Properties with existing (Q) zoning will remain, until changed pursuant to a zone change. Approval of this zone change request will be consistent with the recently adopted Huntington Beach Zoning and Subdivision Ordinance. Land Use Com atibilit : The proposed zone change would allow various types of retail and office uses as permitted under the Section 211 (Commercial Districts) of the Huntirraton Beech Zoi fIng and Subdivision Ordinance, New retail uses which include shoe and clothing stores, video rental 1-Cores, and other goods and services, etc., would be permitted with a Certificate of Occupancy and Business License. Commercial uses on the property will remain corrpatible with the surrounding retail and offices uses to the north, east and west, and with the rn, ulti-family residential usesto the south, by maintaining all parking and business access to the north (Warner Ave.; side of the :)uitding. The subject property has access from "A" Street with egress onto an alley at Warner Avenue. New retail or office uses should not impact surrounding properties or property values, nor s"im.uld parking or traffic impact the adjacent residential, properties- Establishment of new retail uses will require compliance with all zoning requirements, with cone itiu,,.al uses requlr ng City review and a public hearing. Summary. The (Q) zoning was initially added to minimize th potential impacts of par-king and traffic on the site, and to the surrounding residences. Because of the restriction, the property owner is unable to lease the building to a more profitable business. Staff has reviewed the parking situation on site, and has concluded that with the current floor plan design, and the 14 available parking spaces on site, general retail businesses should be permitted. Restrictions on prt stores or fishing supply stores should not be placed on the individual property. Finally, the General Commercial zoning designation is consistent with the Huu°ntington Beach General Plan Land Use Element, and :pith the General Plan Advisory Committees recommendation to maintain the Commercial designation on the property, The base zoning of Commercial General is consistent with the Huntington Beach General Plan Land Use designation, and with the recommendation of the General Plan Advisory Committee. The removal of the (Q) zoning prefix will not affect the existing development on the property as it is already a retail use. s The removal of the (Q) zoning prefix, which will allow for the establishrr ent of new retail uses, will not adversely impact the surrounding properties or property values. The proposed zoning is compatible with the surrounding land uses and zoning. 0095-6 Z-2121195 REQUEST FOR COUNCIL ACTION ZONE CHANGE NO. 94-6 Environmental Status Meeting Dates February 21, 1995 The proposed Zone change is categorically exempt pursuant to Cit% Council Resolution No. 4501, Class 20 which supplements the California Environmental Quality Act. MTU:MS F:WC Attachments Page Number I Findings for Approval 2 Orufnance No. 3 Vicinity Map 4 Ordinance No. 2761 adopted May 0. 1965 5 Applicant°s narrative C- Site plan, floor plan and elevations dated October 5, 1994 C D95-6 2121195 AT T A C F[JV[E TTNTI ATTACHMENT NO. 2: FINDINGS AND FOR APPROVAL ZONE CHANGE NO. 94-6 FINDINGS FOR APPROVAL - ZONE CHANGE NO. 94-6. 1. The proposed zone change from (Q) C4 (Qualified - Highway Commercial) to CG (Commercial General) on a 0.25 acre parcel on the southwest corner of V arner Avenue and A Street does conform v4.ctr the General Commercial land use designation of the City's General Plan. The CG (Commercial General) zoning designation is consistent wiith the General Commercial land use designation of the General Plan. 2. The proposed zone cl -e from (Q) C4 to CG is consistent with the surrounding commercial land uses on Warner Avenue, anticmpatibiee with the multi-family residential land uses in the vicinity, The existing commercial buh. Js ,wined to minimize impacts to the adjacent residential properties by orienting parkirc and business access to the north (Warner Ave,) side of the building. 3. The proposed zone change from (0 C4 to CG is compatible with the surrounding CG (Cominer :i*J General) and RM (Residential Medium Density) zoning designations. The adjacent parcels fronting Warner Avenue are also zoned CG (Commercial General). A'TTACHIVIENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 30 (SECTIONAL DISTRIC1 MAP 25-5-11) TO REZONE THE REAL PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF WARNER AVENUE AND "A" STREET FROM (Q)C-4 (QUALIFIED I-z. GHWAY COW, RCIAL) TO CG (COM'MMERCIAL GENERAL) (ZONE CHANGE NO. 94-6) WHEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separate, duty noticed public hearings o consider Zone Change No, 94-6, which rezones the property generally located at the southwest corner of Warner Avenue and "A"' Street from (Q)C-4, Qualified Highway Commercial, to CG. Commercial General; and After due consideration of the findings and recommendations of the Planning Commission and all other evidence presented, the City Council finds that the aforesaid amendment is proper and consistent with the General Plan. NOW, THEREFORE, the City Council of the City fHuntinvon Be,I ordain as follows: SECTION 1. The zoning designation of the real property here!nafter° desert 2 hereof, and sho•,,n on District Map 30 (Sectional District Ma (Q) C-4 (Qualified Highway Commercial) to CG (Commercial General). Is eby changed from SECTION ?. The real property subject to this >r Iinance is generally located cast of Beach Boulevard on the south side of Warner Avenue, and described -,s follows. 4ls,J:ord:znzhZone-Change 94-6112,13,94 ...-rte{„ x;:: :ATM ,•;tmv. >„ Lots 19 and 21 of Blaylock Block, Tract 298, City of Huntington Beach, County of Orange, State of California. SECTION 3. Huntington Beach Ordinance Code Section 9061, District Map 30 (Sectional District wrap 25-5-11) is hereby amended to reflect Zone Change No. 94-6 as described herein. The Director of Community Development is hereby directed to prepare and file an amended map. A copy of said distr.;--t map, as amended, shall be available for inspection in the Office of the City Clerk. SECTION 4. This ordinance shall take effect thirty days after passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of_, ATTEST: APPROVE)) AS T01', City Clerk REVIEWED AND APPROVED: City Attorney INITIATED AND A.PPRQVEI*" City Administrator Director of Community Development 4s G:ord:znchZonc Change 94-(M21,13294 á 'TACHMEIIT 4 ORDINANCE NO.2 761 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 TO PERMIT A RETAIL., PET STORE ON REAL PROPE RTY CURRENTLY ZONED AS A QUALIFIED HIGHWAY CO;VMERCIAL DISTRICT, AN NI) GENERALLY LOCATED AT THE SOUTHWEST CORNER CF WARNER AVENUE AND "A" STREET (ZONE CASE NO_ 85_4) WHEREAS, pursuant t o the state Plannirg and ZOrli.rg Lair, the Huntington each PIFr.ning Co -.is :ion a.:d Hunti: ;tcn Beac City Council have had separate public relative t Zone Caseo No. 85-4 wherein both bodies have carefully considered all information presented at said t ea: inas,I- ter, due consideration o the -;indings, and --,f the Planning commission and all evidence presented we said City Council, the City Cormci.l finds .t' t such zone ';.once proper , and consiste nt with the g .erT NOW, THERE O 'EE, the City Corm i . o tr, w C`i t.y e ..°;n` ingto Beach does ordain as follows: SECTION I-' The real prop e.; zy described S • ` u 2 or- this ordinance and zoned (Q) C--4,(Qu;al Cc:nriercial District, shall be occu,=c.ed herein: (a)Professional Offices an rvx.ces (1)Accomntant , architect , attorney, colic agency, engineer , insurance bro'er, private detective , real estate sales, social :revs, and surveyors shall be perz i red . (2) Me< icall chiro p ractor , dentist , opton etri-t., physici an and surge on, diagnostic l aborato ries, biochemical laboratories and ph.r ;acies shall not be permitted. 1. (b) Retail Sales: Retail sale of pets and pet accessories shall be permitted. SECTION 2 _ The real property subject to this ordinance is generally located east of Beach Boulevard on the south side of Warner Avenue , and described as follows: Lots 19 and 21 of Blaylock Block, Tract 298, City of Huntington Beach , County of Orange , State of California. SECTION 3. The minimum building setback from the sectional district line shall b e 110 feet to the north and F'est, and the maximum building size shall be three thousand (3000) square feet., SECTION 4. Section- 9061 le Huntington Beach Ordi Code, District Map 30 (Sectional District Map is hereby amended to reflect the change contained in this ordinance and on the -.;;gip attached .ereto. The Director 'nce Development Serv=.ces is hereby directed t prepare and f= le an amended map. copy of said district map,as amended, shall be available for inspection in the office SECTI 15. This Ordi n ance sh all take effe aster its passage. rty days PASSED AND ADOPTED by the City Council of t- e City Huntington Beach at a regular meet-in thereof cld .,,..n the6th day of May , 19;35 ATTEST: City Clerk APPROVED AS 'O+ `01 2. ATTACFIIN4E NARRA" I l OF ,K ROPO , USE This application is for a zone cha. g? i'r,,Ln the current (Q) C-4 Highway Commercial Combined with a Qualified Classification to C- .ghrta Commercial District. The subject property is located a° ',O32 Warner Avenue, Parcel 9167-324-14, Lots 19 and 21 of Tract 298, City of Huntington Beach, County of Orange, State of California. The nearest intersection to this property is Beach Boulevard and Warner Avenue, Beach Boulevard is a highly developed commercial corridor running the length of Beach Boulevard from the 405 Freeway south to Pacific Coast Highway. The above referenced property is c :rxently occupied by a retail store, "Pet City," engaged in the sale of pets and pet accessories to the general public. 1.ie building is a two-story stwcture consisting of approximately 2,559 square feet. Hours of operation are 10:00 a.m. to 9:00 r.m. Monday through Saturday, and 10:00 a.m. to 7.00 p,m, Sunday. Tire store is currently staffed by six employees. be surrounding general use is as follows: Subject Property: North of Subject Property: (Q) C-44 Highway Commercial Combined kith Qual=ified Classifications Existing: Pet Stc r c CA Highway Commercial Existing : Gas Station Existing: Liquor/Grocer)' Store South of Subject Property=: R-2 Medium Density, Residential Exiting: Apartments Westof'Subject Property,. C-4 Highway Commercial Existing: Gas Station Car Wash Existing: Hi-Rise Office Building Existing: Restaurants Existing: Movie Theater East ,-If Subject Property.C-4 Highway Commercial Existing:'rofessional Office Building R-2 Medium Density Residential Existing: Apartments 8032 WarxiPr Avenue Parcel #167-324-14, Lots 19 & 21 Tract 298 Page 2 The above referenced property is currently zoned (Q) C-4. The commercial properties surrounding Lots 19 and 2i are all zoned C-4. This Pet City store is our smallest retail stork and is not currently a profitable operation, It is our intention to close the pet store and lease this property to someone who will hopefully have a more successful business. The (i: } C-4 zoning severely limits the use and desirability of this property for leasing. With a C-4 zoning this property will become more valuable to a potential tenant, providing more potential revenue from sal'-s and creating more jobs which would be of more long-term benefit to the City of Huntington Beach tax base than o.'r currently non-profitable operation. The benefit of having this property leased to a successful business operation would fir outweigh the other alternative we have which is to close the busine,,s and leave the property vacant until we can rind someone who is willing to open another pet store in this location. ATTACHN4EINT 6 [a1. p Anfm«a A1fl ScoreA,,ociiltrIiUN r NG I ON UE ; 'U, CALIFORNIAfrajo Kl 'icof ion1:.tr r¢apnorth41 .Jr-.'ow Space For Cit Clerk's Use. O-' Council/Agency Meeting Held: -_ - ^ Deferred/Conti-red to: eApproved 0 Conditionally Approved 0 Denied City Clerk 's Signature z7 /'4o • 3A ;s' HONOR KE MAYOR AND CITY COUNCIL MEMBERS Council Meeting Date: February 21, 1995 Department ID Number: CD9 - A` REQUES T FOR COUNCIL ACTION SUBMITTED TO: SUBMITTED BY: I MICHAEL T. UEFRUAOA, City Ad.f.inistrotoor PREPARED BY: MELANIE S. FALLON, Director of Community Development SUBJECT:ZONE CHANGE NO. 94-6 Ord 3a Ltd -21- Statement of Issue, Fundir i Source, Recommended Action, Alternative Action, Analysis, Environmental Status, Attachment(s Statement of Issue Transmi`:ced for City Council consideration is a request by Sandy Ryan to rezone a 10,900 square foot parcel located at 8032 Warner Avenue (see Attachment No. 3) by removir the Qualified (Q) zoning prefix from the base Commercial Oneral (CG) zoning distrik:t_ The property, currently occupiad by Pet City, is restricted to office professional uses, and retail sales of pets and pet supplies. By removing the (Q) zoning prefix, general retail uses permitted by code would by allowed on the property. Funding Source Pt at Applicable. Recommend : I Action Plannin Commission and Staff Recommendation: Motion to: "Appro*.e Zone Change No. 94-6 with findings for approval as outlined under Attachment No. 1, and Adopt Ordinance No.:° f.(Attachment No. 2)." REQUEST FOR COUNCIL P ION Me ig Date: February 21, 1995 'ZONE CHANGE NO. 94-6 Planning Commission Action on Janua 24, 1..95: THE MOTION MADE BY BiDDLE, AND SECONDED BY TILLOTSON, TO RECOMMEND THE CITY COUNCIL APPROVE ZONE CHANGE NO. 94-6 WITH FINDINGS CARRIED BY THE FOLLOWING VOTE: AYES: Biddle , Livengood, Gorman, Kerins, Tillotson , Speaker NOE.: None ABSEN `%'. None ABSTAIN: inglee Alternative Action The City Council may make the following motion: "Deny Zone Change No. 94-6 with findings." Analysis pplicant. Sat,y Ryan, 1614 S. Harbor Boulevard, Fullerton, CA 92632 Property Owner: Leedy Ying, 1614 S. Harbor Boulevard, Fullerton, CA 92632 Request: To remove the Qualified (Q) zoning prefix from the Commercial General (CG) base zoning designation, which will eliminate the limitation of uses on the property. The existing zoning allows for only professional offices and services, anc retail sales of pets and pet supplies. Pro'ect Pro osal: The applicant is requesting a zone change to remove the Qualified (Q) zoning prefix from the base commercial zoning designation on the 10,900 square foot site located on the southwest corner of Warner Avenue and "A" Street. The (Q) zoning prefix was last charged on the property in 1985, with the adoption of Ordinance No. 2761, which limits commercial uses by only atiu fling offices and sales of pets and pet accessories only (see Attachment No. 4). The existing 2850 square foot building on the property is currently occupied by Pet City, a retail pet business. Fourteen parking spaces are provided on-site. The business oper'tes between 10:00 AM to 9:00 PM Monday-.Saturday, and until 7:00 PM Sunday In the applicant's narrative (see Attachment No. 5), the applicant states that the existing store is not a profitable operation, and that the removal of the (Q) zoning prefix will allow the property owner to lease the building to a more profitable business. The applicant further states that the (Q) zoning severely restricts the use and desirability of this property for leasing. CGg5-s -2- 2121195 REQUEST FOR COUNCIL A JON Me ig Date: February 21, 1995 ZONE CHANGE NO. 94-6 SUBJECT PROPERTY AND SURROUNDING LAND USONING AND GENERAL PLAN DESIGNATIONS: Subject Property: GENERAL PLAN DESIGNATION: Commercial General ZONE: (C) CG (Qualified - Commercial General) LAND USE: Retail Pet Store North of Subject Propert;r (across WarnerAvenue_': GENERAL PLAN DESIGNATION: Commercial General ZONE: CG (Commercial General) LAND USE: Gas Station/Liquor store East and West ofecf mperty: GENERAL PLAN DESIGNATION: ZONE: LAND USE: South of Subect Pro ert : GENERAL PLAN DESIGNATION: JNE: LAND USE: Zonin Compliance Commercial General CG (Commercial General) Car Wash/Office Buildil ig Medium Density Residential RM (Residential .Medium Density) Apartments This property is located in the Commercial General zone and complies with the requirements that zone . The property has received a parking variance (CE 85-2) to allow 14 spaces in lieu of 15 spaces for the subject building, and to allow two (2) compact parking spaces. General Flan Conformance: Tire proposed Zone Change conforms with the General Plan Land Use designation of General Commercial on the subject property. The General Plan Advisory Committee (GPAC) has reviewed the land use designation on the subject property and is recommending that the General Cor 'm ;ercial designation remain on the property. The proposed Zone Change is aonsistent with the following Land Use Element policies contained in the General Plan: 1. Insuring commercial development that is economically viable, attractive, well related to other land uses and satisfies the needs of the Citt,'s residents. 2. Continuing to diversify the economic base of the City and increasing the tax base. CD95-6 REQUEST FOR COUNCIL A- . (ON ZONE CHANGE NO. 94-6 Me. ig Date: February 21, 1995 The proposed zone change wi'F ,ot restrict the property owner to lease tine building for a pet supply business or office, but will give the property owner the ability to lease the building to a more profitable business. It will allow various types of retail uses to occupy the existing building which should enhance the City's tax base, Because the existing use is retail in nature, continued retail use will remain compatible and relate well with the other retail and office type uses an Warner Avenue and Beach Boulevard. Coastal Status : Not applicable. Redevelo merit Status : Not applicable. Desi n Review aoarcl: Not applicable. Subdivision Committee: Not djppiicable. Other Departments Concerns: The Departments of Pu"lic Works and Fire and Building Division have reviewed the proposed zone change and have no objections to the request. Issues: History: The (Q) zoning prefix was originally placed on the property in 1961 (Zone Change No. 81-8) with the adoption of Ordinance No. 2513, when the property was rezoned from R2 (Residential Medium Density) to (Q) C4 (Qualified - Highway Commercial). In general, the purpose of (Q) Qualified zoning was to provide a means of further restricting a base district when special circumstances applied to the property. In this instance, due to the potential traffic and parking impacts from retail or medical uses on the property, the City placed the (Q) zoning prefix on the property, restricting retail and medical uses. Because the property is located on the corner of Warner Avenue and "A" Street and has secondary access to an alley used by residents, any intensified retail or medical uses may have resulted in traffic and parking impacts to residents on "A" Street. Zone Change No. 83-9 (Ordinance No. 2653), approved in 1983, amended the (Q) zoning by adding "fish supply store" as a permitted retail use, The balance of the ordinance re gained unchanged. In 1985, approval of Zone Change No, 85-4 (Ordinance No. 2761) once again amended the (Q) zoning, by changing the only allowed retail use from "fish supply store to "retail sales of pets and pet accessories." Later in 1985, the existing 2850 square foot building was constructed,following the approval of Use Permit No. 85-5, and Conditional Exception No. 35-2. Conditional Exception No. 85-2 permitted reduced parking (14 spaces in lieu 15), two (2) compact spaces, and a zero (0) rear yard setback fur the building. REQUEST FOR COUNCIL A... (ON ZONE CHANGE NO. 94-6 ig Date: February 21, 1995 The recent adoption of the Huntington Beach Zoning and Subdivision Ordinance does not include (Q) Qualified zoning provisions, thereby eliminating the process for placing this classificationon additional properties. Properties with existing (Q) zoning will remain, until changed pursuant to a zone change. Approval of this zone change request will be consistent with the recently adopted Huntington Beach Zoning and Subdivision Ordinance, Land Use Com atibilit The proposed zone change would allow various types of retail and office uses as permitted under the Section 211(Commercial Districts) of the Huntington Beach Zoning and Subdivision Ordinance. New retail uses which include shoe and clothing stores, video rental stores, and other goods and services, etc., would be permitted with a Certificate of Occupancy and Business License. Commercial uses on the property will remain compatible with the surrounding retail and offices uses to the nortn, east and west, and with the multi-family residential uses to the south, by maintaining all parking and business access to the north (Warner Ave.) side of the building. The subject property has access from "A" Street with egress ontr, an alley at Warner Avenue, New retail or office uses should not impact surrounding properties or property values, nor should parking or traffic i npact the adjacent residential properties, Establishment of new retail uses will require complian.:e with all zoning requirements, with conditional uses requiring City review and a public hearing. Summa The (Q) zoning was initially added to mif-,imize the potential impacts of parking and traffic on the site, and to the surrounding residences. Because of the restriction, the property owner is unable to lease the building to a more profitable business. Staff has reviewed the parking situation on site, and has concluded that with the current floor plan design, and the 14 available parking spaces on site, general retail businesses should be permitted. Restrictions on pet stores or fishing supply stores should riot be placed on the individual property. Finally, the General Commercial zoning designation is consistent with the Huntington Beach General Plan Land Use Element, and with the General Plan Advisory Committees recommendation to maintain the Commercial designation on the property. The base zoning of Commercial General is consistent with the Huntington Beach General Plan Land Use designation, and with the recommendation of the General Plan Advisory Committee. The removal of the (Q) zoning prefix will not affect the existing development on the property as it is already a retail use. The removal of the (Q) zoning prefix, which will allow for the establishment of new retail uses, will not adversely impact the surrounding properties or property values. The proposed zoning is compatible with the surrounding land uses and zoning. CD95-6 -5- REQUEST FOR COUNCIL A- [ON ZONE CHANGE NO. 94-6 ig Date, February 21,1995 Environmental Status The proposed Zone change is categorically exempt pursuant to City Council Resolution No, 4501, Class 20 which supplements the California Envi'ronmerdal Quality Act, MTU:MSF:WC Attachments Page Number 1 Findings for Approval 2 Ordinance No.-5 3 Vicinity Map 4 Ordinance No. 2761 adopted May 6, 1985 5 Applicant's narrative 6 Site plan, floor plan and elevations dated October 5, 1994 CD95-6 ORDINANCE NO. 3275 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 30 (SECTIONAL DISTRICT MAP 25.5-11) TO REZONE THE REAL PROPERTY GENERALLY LOCATED AT THE SOt TTHWEST CORNER OF WARNER AVENUE AND "A" STREET FROM (Q)C-4 (QUALIFIED HIGHWAY COMMERCIAL) TO CG (COMMERCYAL GENzRAL) (ZONE 1'HANGE NO. 94-6) TIEREAS, pursuant to the California State Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have held separat,;, duly noticed public hearings to consider Zone Change Nc. 94-6, which i ezones the prc,ierty generally located at the southwest corner o Warner Avenue and "A." Street from (Q)C-4, Qualified F' ;hway Commercial, to CG, Commercial General, and After due consideration of the findings and recommendations ofthl e Planning Commission and all other evidence prese=nted, the City Council hnci that the aforesaid amendment is proper and consistent with the General Plan, NOW, THEREFORE, the City Council of the City of I}untington Beach does hereby ordain as fr'_1ows: SECTION 1. The zoning designation of the real property hereinafter descxihed in Section 2 hereof, and shown on District Map 30 (Sectional District Map 25-5-11) is hereby changedfrom (Q) C-4 (Qualified Highway Commercial) to CG (Commercial General). SECTION 2_ The real property subject to this ordinance is generally located cast of Beach Boulevard on the south side of Warner Avenue, and described as follows: 4kskO:Ord:znchZone Cl;ange 44-6\i''113/ 4 Lots 19 and 21 of Blaylock Block, Tract 298, City of Huntington Beach, County of C c ange, State of California. SECTION 3. Huntington Beach Ordinance Code Section 9061, District Map 30 (Sectional District Map 25-5-11) is hereby amended to reflect Zone Change No. 94-6 as described herein. The Director of Community Development is hereby directed to prepare and file an amended snap. A copy of said district map, as amended, shall be available for inspection in the Office of the City Clerk. SECTION 4. This ordinance shall take effect thirty days after passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the_6th day of _March , 19-95_, Mayor ATTEST: City Clerk REVIEWED AND APPROVED: City A dministrator e APPROVED AS TO FORM. City Attorneyta _ - i., INITIATED AND APPROVE rat.;- ector o`' Communityoevelopment 2 4k1G:0rd.z4chZone Change 94-6\1 2/13/94 Ord. No. 3275 STATE CF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF H UNTINGTON BEACH ) f; CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of -aid City, do hereby certify that the whole number ofm-mbers of the City CcunMil of the City of Huntington B each i vent that the foregoing ordinance was read to said City Council at an regi.ilar meeting thereof held on the 21st day of February, 195, and was again read to said City Council at aEe ufar meeting there;,f held on the 3rd of March 1995 and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Councilmembers: Hannan, Sullivan, Le p :ig, Dettloff, Gicc', NOES: Councilmemhers; None ABSENT : Courreilmernbers: Bauer Ga City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Huntington Beach Planning Commission ww w.v.v^v w.vrvwivr.,rwwrvw rv+vrv ....roJ+..1'.+wr+., P.O. Box 190 Date: January 27, 1995 NOTICE OF ACTIO N Applicant: Subject: Californ ia 92648 Sandy Ryan, 1614 S. Harbor Boulevard . Fullerton, CA 92032 ZONATE CHANGE NO 94-6 Your application was acted upon by the Huntington Beach Planrilm- Commission on Tana 24 1995 and your request was. I'T HD RAAWN . APPROVED APPROVED 'I Th FINDINGS DISAPPROVED TABLED CONTI NUED I?i-i A IL tee attached). Under the provisions of the Huntington Beach Ordinance code, the action t. ,v the Planning Commission is final unless an appeal is filed to the City Council by you or, , interested party, Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the appl*-:ant or interested patty deems himself aggrieved. Said appeal must be accompanied by a filing fee of twelve hundred ($1,200) dollars and be submitted to the City Clerk's office witl n ten (10) days of the date of the Commission",s action., In you case, the last day for filing an appeal and paying the filing fee is February 3 1995 Provisions of the Huntington Beach Ordinance Code are such that any application becomes null and void one (1) year after final approval, unless actual construction has stet- -ted. Huntington Beach Planning Commission P.O. BOX fi$a CALIFORNIA 92648 January 27, 1995 Sandy Ryan 1614 S. Harbor Boulevard Fullerton, CA 92632 SUBJECT. ZONE CHANGE NO 14-6 REQUEST: To remove the Qualified (Q) zoning, pref1xthe (_ oninieri;ial General (C(T) base zoning designation, ikhich t;i!l eliminate the iimit, 13ilon ofuses on the property Tide e ;istinr zoninu s.llrra; (,i C3ti }?3`t t , ;«; r;:=l i?fpf<;t' tiiac se ;YEAS and ret?il sales of pets and pet supplies LOCATION: 5032 Warner Avenue, (south sid .rnc r_ east 3 :` r DATE OF ACTION: January 24. 1995 FINDINGS FOR APPROVAL ZO ('HANG _.NO.94r6: The proposed zone change from (Q) C4 (Qualified - lli li ay Co mmercial (Commercial General) on a 01.25 acre parcel on the south;k;sst cc inner of Warner Avenue and A Street does conform with the General Commercial land use designation of the City's General Plan, The CG (Co,nnxercial General) zoning designation is consistent with the General Commercial land use designation of the General Plan 2. The proposed zone change from (Q) C4 to CG is consistent with the surrounding commercial land uses on Warner Avenue, and compatible with the multi-family residential land uses in the vicinity. The existing commercial building is designed to minimize impacts to the adjacent residential properties by orienting parking and business access to the north (Warner Ave ) side of the building. 3. The proposed zone change from (Q) C4 to CG is compatible with the surrounding CG (Commercial General) and RM (Residential Medium Density) zoning designations. The adjacent parce.r fronting Warner Avenue are also zoned CG (Commercial General). I hereby certify that Zone Change No. 94-6 was approved bythe Planning Commission of the City of Huntington Beach on January 24, 1995 upon the foregoing findings and will be forwarded to the City Council for adoption Sincerely, Howard Zelefsky, Secretary 21anning Commission Scott Hess Senior Planner