HomeMy WebLinkAboutEnvironmental Assessment EAX1994016 - Staff Report/Executive SummaryTAFFRE PORT
TO: Planning Commission
FROM: Howard Zelefsky, Planning Director
BY: Wayne Carvalho, Assistant Planner
DATE: January 24, 1995
SUBJECT: 'ONE CHANGE NO. 94-6
LOCATION: 8032 Warner Avenue (south side ofWa,ner, cast of Beach Boulevard)
STATEMENT OF ISSUE:
Zone Change No. 94-6 represent a requestgaySandy I .yan, to remove the Qualified (Q)zoning prefix from
the base Commercial General (CG) zoning designation on the subject 025 acre site The (Q) zoning
presently restricts general c ,mmercial uses, with the, exception of proft3sional offices and services,
including medical uses. In addition, retail sales of pets and pet supplies is permitted on site- By removing
the (Q) zoning prefix, general retail uses permitted by code would he permitted on the proprty.
Staff supports the applicant's request for a zone change for the following reasons:
The base zoning of Commercial General is consistent with the Huntington Beach General Plan band
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 remo-,al of the (Q) zoning prefix, which will allow for the estahiishumc-t ofnew retail uses, will not
adversely impact the surrounding p,, operties or propertyvalues
4
,
The proposed zoning is compatible with the surrounding land uses and /onning
l '.COMMENDATION m
Motion to:
"Approve Zone Change No, 94-6 with findings and forward to the City Council for adoption
it untington Beach Department of Cone tuni y Development
GENERAL INFORMATION:
APPLICANT: Sandy Ryan, 1614 S. Harbor Boulevard, Fnllerton, CA 92632
PROPERTY
O\VNER: Leedy Ying, 1614 S. Harbor Boulevard, Fullerton, CA,. 92632
REQUEST:To remove the Qualified (Q) zoning prefix from the Commercial General (CU) base
zoning designation, which will eliminate the limitation of uses on the property. The
existing zoning allows for only professional offices and services, and retail sales of pets
and pet supplies.
DATE
ACCEPTED: December 7, 1994
SUBJECT PROPERTY AND SURROUNDING LAND USE ZONING AND GS.NERAL PLAN
DESIGN ATIONS-
Sub'ect Pro er
GENERAL PLAN DESIGNATION: Commercial General
ZONE: (Q) CG (Qualified - Commercial General)
LAND USE. Retail Pet Store
North o Sub'ect Pro rer + (across Warner Avenue):
GENERAL PLAN DESIGNATION: Commercial General
ZONE: CG (Commercial General)
LAND USE: Gas Station'Li€luor store
East and est o Sub `ect Pro ert ':
GENERAL PLAN DESIGNATION Commercial General
ZONE: CU (Commercial General)
LAND USE: Car Wash/Office !Building
South o Suh'ect Pro era:
GENERAL PLAN DESIGNATION Medium Density Residential
ZONE: RM (Residenti€al Medium Density
LAND USE: Apartments
PROJECT PROPOSAL:
The applicant is requestinc e 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 placed on the property in 1985, with the adoption of
Ordinance No. 2761, which limits commercial uses by only allowing offices and sales of pets and pet
accessories only (see Attachment No. 5).
The existing 2850 square foot building on the property is currently occupied by Pet City, a retail pet
business. Twelve parking spaces are provided ors-site. The business operates between 10:00 AM to 9:00
PM Monday-Saturday, and until 700 PM Sunday. In the applicant's narrative (see Attachment No. 3). 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 nrofttable business- The applicant
further states that the (Q) zoning severely restricts the use and desirability of this property for leasing,
.Zoning Compliance
This propel ty is located in. the Commercial General zone and complies with th requirements of that zone.
The property has received a parking variance (CE 85-2) to allow 14 sa.a"vq in lieu of l 5 spaces for the
subject building, and to allow two (2) compact parking spaces.
ISSUES:
General Plan Con forinance:
The proposed Zone Change conforms with the General Plan Land Us e ctesi Tnation of (ieneral Commercial
on the subject property. The General Plan Advisory Committee (01A(') has reviewed the land use
designation on the subject property and is recommencing, that t lit: Genera[ Commercial designation mrilain
on the property. The proposed Zone Change is consistent with the following Land I se. Element policies
contained in the General Plan:
1. Insuring commercial aevelopmert that is economically vial-le, attracti e, r.eil related to other land uses,
and satisfies the needs of the City's residents,
2. Continuing to diversify the economic base of the City and increasing the tax base
The proposed zone change will not restrict the property owner to lease the building fot ispet 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 on Warner Avenue and Beach Bo devard.
Environmental Status:
The proposed project is categorically exempt pursuant to City Council Resolution No 4501, Class 20
which supplements the California Environmental Quality Act.
Staff Report -1/25/95 3 (pesrl15)
coastal Status : Not applicable.
Redevelo went .Status: Not applicable.
.Design Review Board: Not applicable.
.Suhrdirision Committee: Not applicable.
Other De artments Goneerns:
The Departments of Public Works and Fire and Building Division have reviewed the proposed zone change
and have no obj ections to the request
ANALYSIS:
History
The (Q) zoning prefix was originally placed on the property in 1981 (Zone Change No. f 1-8) with the
adoption of Ordinance No, 2513, where the propeltt o was rezoned ft'on7 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 there were special circumstances that applied on
the property, In this instance, the (Q) zoning permitted professional offices and services only. and
specifically prohibited retail and medical uses.
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 on the site It was iiaaposed
because the property was located on the corner of Warner Avenue and -t V Street and had secondary
access to an alley used by residences. Any intensified retail or medical uses could result in traffic and
parking impacts to residents on "A" Street,
Zone Change No. 83-9 (Ordinance No. 2053), approved in 1983, amended the (Q) zoning by adding " fish
.supply store" as a permitted retail use. The balance of the ordinant :cc remained undiange d. In 1985
approval of Zone Change No. 85-4 (Ordinance No, 276 l) once again an nded the (Q)zoning, by
changing the only allowed retail use from "fish supply store'" to "retail sales of pets and pet ai;cessori:es.
Later in 1985, the existing 2850 square foot building was constructed, following the approval of t'
Permit No. 85-5, and Conditional Exception No. 85-2. Conditional Exception No. 85-2 permitted reduced
parking (14 spaces in lieu 15), two (2) compact spaces, and a zero (0) rear yard setback
The recent adoption of the Huntington Beach Zoning and Subdivision Ordinance does not lncludt (Q)
Qualified zoning provisions, thereby eliminating the process for placing this classification on adclitio'ial
properties. Properties with existing (Q) zoning will remain until changed pursuant to -a zone chaang,.
Approval of this zone change request will be consistent with the recently adopted Huntington Beach
Zoning and Subdivision Ordinance,
Staff Report - 1/25/95
Land Use Com atibility
The proposed zone change wr'ald allow various types of retail and office uses as permitted under the
Section 211 of the Huntington Beach Zoning and Subdivision Ordinance. New retail uses include shoe
stores, clothing, or other goods and services, video rental stores, etc., would be permitted with a
Certificate of Occupancy. Commercial uses on the property will remain compatible with the surrounding
retail and offices uses to the north, east P: ,d west. In addition, the commercial building is compatible with
the multi-family residential uses to thG south by havin4, all parking and business access on the north
(Warner Ave) side of the building.
The subject property has access from "A" Street with egress onto an alley at Warner Avenue (see
Attachment No. 4). New retail or office uses should not impact surrounding properties or property values,
nor should parking or traffic impact the adjacent residential properties, as establishment of a new retail uses
will be required to comply with all zoning requirements. Any conditional uses will require City review and
a public hearing.
SUMMARY:
The (Q) zoning was initially added to minimize the potential impacts of parking and traffic on the site.
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 sales businesses should be permitted.
Restrictions on pet stores or fishing supply stores should not be placed on the indisideal property.
Finally, the General Commercial zoning designation is consistent with the I Iuntiragton Beach General Plan
Land Use Element, and with the General Plan Advisory Committees recommendation to maintain the
Commercial designation on the property.
The zone change request to remove the Qualified (Q)zoning prefix lrorn the base CommercialGeneral
zoning designation is supported for the following reasons
41 The base zoning ofCommercial General is consistent ti °ith the Huntington Beach General Pf to band
Use designation, and with the recommendation of the General Plan Ad\isorY ('oirmtriiitee
6 The removal of the (Q) zoning prefix, will not iflTect the existing developmwrit on the proiert as i
already a retail use.
The removal of the (Q) zoning prefix, which will allow for the establishment cif neg.%' retail uses, i ill n 't
adversely impact the surrounding properties or property values
i e proposed zoning is compatible with the surrounding land rises and zoning
AM NATIVE ACTION:
The Planning Commission may recommend denial of Zone Change No. 9.1-iii with findings
ACHMEN TS:
Staff Report -1173/95 5
2. Draft Ordinance
3. Narrative
4. Site Plan, Floor Plans and Elevations dated October 5, 1994
5. Ordinance 2761, adopted May 6, 1985.
SH:WC:kjl
Staff Report - l/25/95
ATTACHMENT NO, I
FINDINGS AND FOR APPROVAL,
ZONE CHANGE NO.-94-6
FINDINGS FOR APPRGVA.L - ZONE CHANGE NO. 94-6:
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 Warner Avenue and A Street does conform
with the General Con nercial land use designation of the City's General Plan. The CG (Commercial
General) zoning designation is consistent with the General Commercial land use desi<,:.iation 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 (A'arner Ave.) side of the building,
3. The proposed zone change from (Q) C4 to CG is compatible with the surrounding CG (Con mercial
General) and RM (Residential Medium Density) zoning designations The adjacent parcels fronting
NVarner Avenue are also zoned CG (Commercial General)
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF HUNTINGTONB EACH
AMENDING THE HUN t'INGTON BEACH ORDINANCE CODE
BY AMENDING DISTRICT MAP 30 (SECTIONAL DISTRICT MAP 25-5-11)
TO REZONE TI1E REAL PROPERTY GENERALLY LOCATED
AT THE SOUTHWEST CORNER OF WARNER AVEN'U
AND "A" STREET FROM (Q)C-4 (QUALIFIED HIGHWAY COMMERCIAL)
'10 CG (COMMERCIAL GENERAL)
(ZONE CHANGE NO. 94-6)
WHEREAS, pursuant to the California State Planning aad Zoning 1. a,V. the
Huntington Beach Planning Commission and Huntington Beach City Council have held
separate, duly noticed public hearings to consider Zone Change No 994-h. Avhich rezones
the property generally located at the southwest corner of Warner Avenue and "A" Street
from (Q)C-4, Qualified Highway Commercial, to CO, Commercial General, and
After due consideration of the findings and recommendations of they Planning Commission
and all other ;vidence presented, the City Council finds that the aforesaid amendment is proper
and consistent with the General Plan,.
NOW, T.HEREF(RI, the City Council of the City of I lunlin.ton Beach does hereby
ordain as follows:
SECTION 1. The zoning designation ni the real property hereinafter d:-scribed in Se::
2 hereof, and shown on District Map 30 (Sectional Di;t-.ict. Map 25-5-11)is h• eby charged from
(Q) C-4 (Qualihe t Highway Commercial) to CG (Commercial General)
SECTION 2. The real property subject to this ordinance is generally located cast of
Beach Boulevard c n the south side of Warner Avenue, and described as follows:
4's G;Ord.z n1Zone change 94-6.12113 94
Lots 19 and 21 of Blaylock Block, Tract 29¢, City of Huntington
Beach, County of Orange. State of California.
SECTION 3. Huntington Beach Ordinance Code Section 9061, District Map 30
(Sectio-v,1 District Map 25-5-11) is hereby amended to rerlect Zone Change No. 94-6 as
described herein. The Director of c imunity De: elopment is hereby directed to prepare and file
an amended map. A copy of said district map, as amended, shall be available for inspection in the
Office of the City Clerk.
SECTION 4. Th` ordinance shall take effect thirtyar,after passage
PASSED AND ADOPTED by the ("ity Council o4 the City of Iluntinuto
meeting thereof held on the .._ .d ay o
at a regular
ATTEST: APPROVED AS TO FORM
City( Jerk
REVIEWED AND APPROVED:
City Administrator
4\s'kG;0rd;zneh7one Change 94-61213 94
City Attornev
INITIATED AN D APPR OVED
Director of Community Development
NARRATIVE OF PROPOSED USE
This application is for a zone change from the currentQ)C-4 Highway Commercial Combir°d
with a qualified Classification to C-4 Highway Commercial District.
The subject property is located at 8032 Warner Avenue, Parcel #167-324-14, 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 k 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 currently ^crupied by a retail tore, "Pet City," engaged in the
sole of pets and pet accessories to the generalpublic. The buildir. is a two-story structureconsisting of approximately 2,9-119 square feof. Hours of o,>poration are 10.00 fl.m. to 9:00 p.m.
Monday through Saturday, and 10:00 a.m. to 7:0,1. p.m Sunday. The store is currently staffed by
six employees.
The surrounding general a is as follows:
Subject Property:(Q)C-4 Highv,4,li 'ormaerciaai C mnmined with ()ualifkd
Cla7srtrcakions
E :fisting:S.k: c
North of Subject Property: C-4 f Highwav :`c?r ;?.1arL al
Existing: .r.; Station
Existin ': i..,;rr aekvS to4e
South of Subject Property: R-2 Mediun
11-:7'
West of Subject Property: C-4 Highway Cor.rr,rereiAl
Existing: Ga: Sta ion"s'ti'r ,"ash
Existing: l-ii-h:ise Office 1 uildi n
Existing. Restaurants
Existing: Moovik Theater
Eabt of Subject Property: C-4 Highway Commercial
Existing: 1 rofelstonal Of re Building
R-2 M diun-, Derrsii:, Re..idential
Existing: A.1._artments
8032 Warner Avenue
Parcel #1.67-324-14, Lots 19 & 21
Tract 29P
Page 2
The above referenced property is currently zoned (Q) C-4. The commercial properties
surrounding Lots 19 and 2 1 are all zoned C-4. This Pet City store is our smallest retail store 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 (Q) C-4 zoning
.everely 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
sales and creating more jobs which would be of more long-term benefit to the City of Huntington
Beach tax base than our currently non-profitable operation. The benefit of having this pwoperty
leased to a su%essful business operation would far outweigh the other alternative we have which
is to close the business, and leave the property vacant until we can find someone who is willing to
open another pet store in this location.
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ENGINEERING CONCEPTS
315 THIRD STREET, SUITE A"
HUNTINGTON BEACH,CA.92648
(714) 960-2465
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ORDINANCE NO. 2761
AN ORDINANCE O: THE CITY OF HUNTINGTON BEACH
AMENDING THE PUN"TINGTON BEACH ORDINANCE CODE
SY AMENDING SECTION 9061 TO PERMIT A RETAIL
PET STORE ON REAL PROPERTY CURRENTLY ZONED AS
A Q: UIFIED HiGH"YIAY COMMERCIAL DISTPICT, AND
GENERALLY LOCATED AT THE SOUTHWEST CORNER OF
WARNER AVENUE A ND "A" STREET (ZONNE CASE
NO . 85--4 )
WHEREAS,Pursuant to the state Planning an Zoning Law, the
Huntington Beach Planning Co~ fission and Huntington Beach City
Council have had separ ate public hearings relative to Z one Case
No. 85-4 therein both bodies have carefully c onsidered all
information presented at said and after : ue
consid eration of the f indinc s an-3 .. at: wns
Planning Co ri aission and all evidence presen
the
A City
Council, the City council find t:,. sic : rune » a nge is
proper ,and corsi stent with t. cEneral .
},NO"Y1 T!H E'REFORE, +..a3.e City Council oi; th C t'ii
Beach does ordain .s follows:
SECTION 1: The real n'ro=! t .`
this ordinance and zoned (0) C"4a
Commercial District, shall by re an _w, xsF: . ,., fro= d d
herein;
(a) Professional Ofs.ces an S4r'zrv,« :
(1) Accountant, architect, at t rnx
agency, engineer, insurance
detective , real estate sales., s,c
surveyors shall be pez:aitt:6 d,
(2) Medical, chiropractor, dentist, 3 7net 7 a+ s
physician and surgeu;-1, diagno s tic 1abor:.tories,
biochemi cal iaborato 'its an d p'har;r 'ies shall not
be permitted
(b) Retail sales:
Retail sale of pets and pet accessori e s shall be
permitted.
SECTION 2. The real property subject to this ordnance is
generally located east o f 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 or Orange , State of
California.'
SECTION 3. The minimum building setba c1: from the G e...tional
district line shall be 110 feet to the ...)rth and wesi, and -- ne
maximum building site shall be th ree thousa nd (3000)square
feet.
SECTION 4 . Section 90o1 of the ,.'. n t i rg tcrc ,each Ordinance
Code , Di trict Map 30y (Sectional District Map 25-5-11) is
hereby amended to :" 1' the chance con t ai ne d '. h is
ordinance and on the map attached he The
Development Services i4 hereby directed to eke
Ctor of
bd fi-le an
amended m ap„ . copy of s aid d..strict n a, , ..,..",en''ied , shall be
'available f or Inspectio n in the of icy of ne
rSECTION 5'. T 7is ordi nanc e sha ll ,t..a se ,f fo
after its passacge.
PASSED D ]e
Huntington Beach at a regular ri
day of May
ATTEST;
11985.
City Clerk
the
d ;ys