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HomeMy WebLinkAbout1977-09-07APPROVED 10-4-77 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California WEDNESDAY, SEPTEMBER 7, 1977 - 7 P.M. COMMISSIONERS PRESENT: Stern, Finley, Gibson, Slates, Newman, Hoffman COMMISSIONERS ABSENT: Commissioner Shea had an excused absence. NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. CONSENT CALENDAR: ON MOTION BY STERN AND SECOND BY FINLEY THE MINUTES OF AUGUST 16, 1977 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Stern, Finley, Gibson, Slates, Newman, Hoffman NOES: None ABSENT: Shea CONDITIONAL USE PERMIT NO. 77-8/NEGATIVE DECLARATION NO. 77-17 Applicant: Ken Thompson IN CONJUNCTION WITH TENTATIVE PARCEL MAP NO. 77-5 Applicant: Ye Dock Master, Inc. and John Stanko ON MOTION BY FINLEY AND SECOND BY STERN CONDITIONAL USE PERMIT NO. 77-8, NEGATIVE DECLARATION NO. 77-17 AND TENTATIVE PARCEL NO. 77-5 WERE WITHDRAWN AT THE REQUEST OF THE APPLICANT BY THE FOLLOWING VOTE: AYES: Stern, Finley, Gibson, Slates, Newman, Hoffman NOES: None ABSENT: Shea SCHEDULED ITEMS: GENERAL PLAN AMENDMENT 77-2 - Part I, Part II, and Part II Monica Florian addressed the Commission and gave a brief background report on General Plan Amendment 77-2. Commissioner Finley was concerned that the two new members of the Commission, Commissioners Stern and Hoffman, might require more time to study this item before taking action. Chairman Slates polled the Commission and it was the consensus of the Commission that a study session should be held with the public hearing continued to September 20, 1977. Minutes: H.B. Planning Commission Wednesday, September 7, 1977 Page 2 Chairman Slates opened the public hearing and announced to the audience that it was the consensus of the Commission that this item would be continued to a September 13th study session and the public hearing would be continued to September 20th. Bill Hanson addressed the Commission and asked for some clarification on Part I, Part II, and Part III. Jeff Philbach inquired if it would be appropriate to give his comments at the September 20th meeting rather than at that time, and was advised by Chairman Slates that his comments could be given at the September 20th meeting. Lillian Warner addressed the Commission and expressed concerns about development being allowed before lot consolidation. She stated that her preference was for residential development. Ken Reynolds addressed the Commission and requested that this item be placed first on the agenda for the September 13th study session. Chairman Slates concurred with Mr. Reynolds and requested the staff. to place this first on the agenda. Mel Oberstein expressed concerns about a change in the General Plan as to its affect on his business. ON MOTION BY SLATES AND SECOND BY NEWMAN THE PUBLIC HEARING ON GENERAL PLAN AMENDMENT 77-2, PART I, PART II, AND PART II, WAS CON- TINUED TO SEPTEMBER 20, 1977, AND THE STAFF WAS DIRECTED TO HOLD A STUDY SESSION ON SEPTEMBER 13, 1977 BY THE FOLLOWING VOTE: AYES: Stern, Finley, Gibson, Slates, Newman, Hoffman NOES: None ABSENT: Shea Chairman Slates called a five minute recess. ZONE CHANGE NO. 77-9 Applicant: Leonard E. Lichter This is a request for a change of zone from C4 to R2 on property located between Warner and Blaylock Avenues and "B" Street and alley westerly of "A" Street. Chairman Slates stated that the public hearing had been closed. Dave Eadie addressed the Commission on this zone change and stated that if the Council approved the Zone Change steps would be taken to implement recommended street modifications to remedy existing traffic problems. In response to Commissioner Stern's question concerning costs of upkeep of the streets, Mike Zamboy, City Engineer, stated that the costs would be minimal. -2- 9/7/77 - PC Minutes: H.B. Planning Commission Wednesday, September 7, 1977 Page 3 Chairman Slates stated that he felt the Commission should consider rezoning property westerly to the alley as it will not be developed commercially. ON MOTION BY SLATES AND SECOND BY HOFFMAN ZONE CHANGE 77-9, A REQUEST FOR A CHANGE OF ZONE FROM C4 TO R2, WAS APPROVED FOR THE AREA BETWEEN WARNER AND BLAYLOCK AVENUES AND "B" STREET AND THE ALLEY WESTERLY OF "A" STREET EXCEPTING THE SOUTHEAST CORNER OF WARNER AND "A" STREET AND TO RECOMMEND THE FOLLOWING STREET MODI- FICATIONS TO REMEDY EXISTING TRAFFIC PRuhLEMS IN THE ZONE CHANGE AREA BY THE FOLLOWING VOTE: 1. Install right turn only lane on Beach Boulevard at Warner Avenue. 2. Install a left turn lane on Warner.Avenue at "B" Street. 3. Install center line stripping and warning signs on Blaylock Avenue and adjacent streets. 4. Install signs to keep the intersection of Beach Boulevard and Blaylock Drive clear of stopped vehicles. AYES: Stern, Gibson, Slates, Hoffman NOES: Finley, Newman ABSENT: Shea Commissioner Finley stated that she agreed with staff's recommendations that zoning westerly of "A" Street not be changed. CONDITIONAL EXCEPTION NO. 77-28 - APPEAL TO DENIAL IN CONJUNCTION WITH ADMINISTRATIVE REVIEW NO. 77-100 - APPEAL TO DENIAL Applicant: Henry G. DeLapp Administrative Review No. 77-100 is a.request to permit the develop- ment of a three unit apartment building proposed to be constructed on a zero interior property line, and the development of an additional unit at the zero interior property line on a site which presently contains 2 residential units. Conditional Exception No. 77-28, filed in conjunction with Adminis- trative Review No. 77-100, is a request to permit a five foot encroachment into the required ten foot interior side yard setback. Jim Palin addressed the Commission and discussed the three alternatives outlined in the staff report, and stated that the staff recommended the Administrative Review be referred back to the Board of Zoning Adjustments and that the Conditional Exception be denied for the reasons stated in the staff report. -3- 9/7 /77 - PC Minutes: H.B. Planning Commission Wednesday, September 7, 1977 Page 4 The public hearing was opened. Henry DeLapp addressed the Commission and stated that he did not feel approval of the two applications would constitute the granting of a special privilege. He stated that there are other areas developed the same in the area located at 2603 and 2609 Delaware. The public hearing was closed. Commission discussion ensued. ON MOTION BY NEWMAN AND SECOND BY FINLEY THE PLANNING COMMISSION SUSTAINED THE DENIAL BY THE BOARD OF ZONING ADJUSTMENTS OF CONDITIONAL EXCEPTION NO. 77-28 AND REFERRED THE ADMINISTRATIVE REVIEW BACK -TO THE -- BOARD OF ZONING ADJUSTMENTS TO ALLOW APPLICANT AN OPPORTUNITY TO REVIEW HIS PLANS IN CONFORMANCE WITH THE ORDINANCE CODE WITH THE FOLLOWING FINDINGS AND BY THE FOLLOWING VOTE: 1. The proponent has failed to demonstrate sufficient hardship to justify granting of the request. 2. Granting of subject request would be establishing an undesirable precedent by allowing the bulk of a building to be increased via the conditional exception application. 3. A ten foot side yard is a viable area for passive purposes when properly designed into a development. 4. Granting of the request would constitute granting a special privilege not enjoyed by other properties in the same zoning classification. AYES: Finley, Gibson,(=Newman, Hoffman NOES: Slates ABSENT: Shea, Stern SPECIAL SIGN PERMIT NO. 77-1 Applicant: Innovative Graphics, Inc. This is a request for an additional sign for an existing commercial building located at 19131 Magnolia Street, southwesterly of Magnolia. and Garfield. John Cope addressed the Commission and briefly outlined the staff's recommendation. The public hearing was opened. -4- 9/7/77 - PC Minutes: H.B. Planning Commission Wednesday, September 7, 1977 Page 5 Mr. Ray Barker, representing Innovative Graphics, Inc., addressed the Commission and spoke in favor of the sign, stating that such a large building needed more exposure, and that a great deal of money had been spent in refurbishing this structure which was formerly a supermarket. The public hearing was closed. Commission discussion ensued. Chairman Slates stated that he could see the need for a larger sign. ON MOTION BY STERN AND SECOND BY FINLEY THE REQUEST FOR SIGN PERMIT NO. 77-1 WAS APPROVED WITH THE CONDITION THAT THE "PARTY CENTER" SIGN RE REMOVED WITH THE FOLLOWING FINDINGS BY THE FOT,LOWI-fqr VOTE: 1. The proposed sign is intended to provide identification for an existing building that was developed as a food market facility. As such it has been set back a great distance from the right-of-way which makes it difficult to identify as a separate new business. 2. The proposed wall sign will not adversely affect the adjacent retail building. 3. The proposed sign is a minor addition when compared to the existing signing on adjacent structures. 4. The proposed sign will not obstruct pedestrian or vehicular traffic vision. AYES: Stern, Finley, Newman, Hoffman NOES: Gibson, Slates ABSENT: Shea CONDITIONAL USE PERMIT NO. 77-19 Applicant: The Hebrew Academy This is a request to permit the operation of a private school, formerly the Clara Cook Elementary School site, located at 14401 Willow Lane. Dave Eadie stated that he had no further information to add to that contained in the staff report. Mr. Paul Schley spoke in favor of leasing to the Hebrew Academy and urged the Planning Commission to look favorably on the request. ON MOTION BY NEWMAN AND SECOND BY STERN CONDITIONAL USE PERMIT NO. 77-19 WAS APPROVED WITH THE FOLLOWING FINDINGS BY THE FOLLOWING VOTE: 1. The nature of the operation is similar to the operation of an elementary school and is therefore compatible with the neighbor- hood. -5- 9/7/77 - PC Minutes: H.B. Planning Commission Wednesday, September 7, 1977 Page 6 2. The site was previously utilized as an elementary school. 3. The surrounding land uses which abut the subject site are as typical as other elementary school sites within the City which have not been adversely impacted by such operations. 4. The enrollment (250 maximum) is lower than that which would normally be enrolled if the site were utilized as a public elementary school (typically having at this site approximately 3t5 students) . AYES: Stern, Finley, Gibson, Slates, Newman, Hoffman NOES: None ABSENT: Shea CONDITIONAL USE PERMIT NO. 77-17 Applicant: Judith E. Jagondinski This is a request to permit a restaurant in an industrial area located at 15611 "A" Product Lane. The public hearing was opened. Judith Jagondinski addressed the Commission and stated that she felt there was a need for this type of food service. She stated that a company with approximately 5000 employees would be going in across the street, hence she felt much of her business would consist of walk-in customers. . Pete Bethlehem, representing the owner of the building, addressed the Commission and spoke on the signing. He stated that the owner is very restrictive in any signs and complies with the code on his signing program. The public hearing was closed. Commission discussion ensued. ON MOTION BY STERN AND SECOND BY FINLEY CONDITIONAL USE PERMIT NO. 77-17 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: FINDINGS: 1 1. The proposed use is in substantial conformance with applicable pro- visions of the Huntington .Beach Ordinance Code, 2, The use can be anticipated to fulfill a public need for this type facility in the industrial area. -6- 9/7/77 - PC Minutes: H.B, Planning Commission Wednesday, September 7, 1977 Page 7 CONDITIONS OF APPROVAL 1. The site plan dated July 27, 1977 shall be the approved layout. 2. All on -site signing for the use shall be subject to approval by the Planning Commission. 3. No seating shall be provided on site unless the applicant can provide off street parking based on the provisions of Article 979. AYES: Stern, Finley, Gibson, Slates, Newman Hoffman NOES: None ABSENT: Shea ZONE CHANGE NO. 77-15/NEGATIVE DECLARATION NO. 77-86 Applicant: Thomas E. Huntley and James Allen This is a request for a change of zone from R5 to R2 on property located at 7792 Warner, the south side of Warner between Ash and Oak. John Cope addressed the Commission and requested that this appli- cation be continued to the first meeting in October to allow the staff time readvertise the area to include "Q" zoning. The public hearing was opened. Thomas Huntley addressed the Commission and stated that he would concur to a continuance. The public hearing was closed. ON MOTION BY NEWMAN AND SECOND_ BY STERN ZONE CHANGE NO. 77-15 AND NEGATIVE DECLARATION N0. 77-86 WERE CONTINUED To OCTOBEP, 4, 1977 BY THE FOLL KING VOTE: AYES: Stern, Finley, Gibson, Slates, Newman, Hoffman NOES: None ABSENT: Shea ZONE CHANGE NO. 77-18 Applicant: Initiated by Planning Department This is a request for a change of zone from C4 to Old Town Specific Plan Area 2 on property located on the north side of Portland Street between Alabama and Huntington Street. John Cope addressed the Commission and noted that this zone change was initiated at the request of the Commission. He clarified the area map on the site which was presented on the vugraph. The public hearing was opened. There was no one present to speak on this zone change and the public hearing was closed. Commission discussion ensued. -7- 9/7/77 - PC Minutes: H.B. Planning Commission Wednesday, September 7, 1977 Page 8 ON MOTION BY NEWMAN AND SECOND BY STERN ZONE CHANGE NO. 77-18 WAS APPROVED WITH THE FOLLOWING FINDINGS BY THE FOLLOWING VOTE: 1. The proposed change of zone is consistent with the commercial/ residential land use designation of the General Plan. 2. The proposal as modified will result in the best and most viable use of the property and will provide the highest degree of compatibility with the surrounding uses. AYES: Stern, Finley, Gibson, Slates, Newman, Hoffman NOES: None ABSENT: Shea ZONE CHANGE NO. 77-19/NEGATIVE DECLARATION NO. 77-101 Applicant: Initiated by the Planning Department This is a request for a change of zone from RA-0-CD and RA-0 to LU-0-CD and LU-0. John Cope addressed the Commission and discussed the proposed change of zone. The public hearing was opened. David Dahl addressed the Commission and stated that he concurred with the need for an interim use. He stated that he felt the Commission should consider its actual goal which is lot consolidation of the area. Bruce Cabelson spoke in opposition to the statements made by Mr. Dahl and also expressed his opposition to the zone change. He stated that if sewers were put in the land could be developed. He further cited the need for street improvements. The public hearing was closed. Commission discussion ensued. [i 1 ON MOTION BY SLATES AND SECOND BY STERN NEGATIVE DECLARATION NO. 77-101 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Stern, Finley, Gibson, Slates, Newman, Hoffman NOES: None ABSENT: Shea ON MOTION BY SLATES AND SECOND BY STERN ZONE CHANGE 77-19 WAS APPROVED WITH THE UNDERSTANDING THAT STAFF WOULD OFFER ALTERNATIVE USES FOR THE LAND WITHIN SIX MONTHS WITH THE FOLLOWING FINDINGS BY THE FOLLOWIN VOTE: 1. The proposed interim zoning will insure comprehensive planning on the properties, which is necessary in order to achieve long range goals set forth by the City's General Plan. -8- 9/7/77 - PC Minutes: H.B. Planning Commission Wednesday, September 7, 1977 Page 9 2. The proposed interim zoning will allow an opportunity to analyze the sites for the most appropriate development based on the unusual size, shape and orientation of sites to public access. AYES: Stern, Finley, Gibson, Slates, Newman, Hoffman NOES: None ABSENT: Shea ZONE CHANGE NO. 77-20 Applicant: Initiated by the Planning Department This is a request for a change of zone from R5 to R2 on property located on the north side of Atlanta, 140+ ft. east of Huntington Street. John Cope addressed the Commission and stated that this zone change had been initiated by the Planning staff in order to provide the most consistent zoning with the approved Land Use Element designation of Medium Density Residential. The public hearing was opened. There was no one present to speak on this zone change and the public hearing was closed. Commission discussion ensued. ON MOTION BY STERN AND SECOND BY NEWMAN ZONE CHANGE NO. 77-20 WAS APPROVED WITH THE FOLLOWING FINDINGS BY THE FOLLOWING VOTE: 1. The Land Use Element of the General Plan designates the subject property as medium density residental. Therefore, the proposed R2 zoning (medium density residential) is consistent with the City's General Plan. 2. The resulting residential uses will be compatible with surround- ing uses. AYES: Stern, Finley, Gibson, Slates, Newman, Hoffman NOES: None ABSENT: Shea ZONE CHANGE NO. 77-21 Applicant: Initiated by the Planning Department This is a request for a change of zone from RA, Residential Agri- cultural, to C2, Community Business District. The property is located on the northeast corner of Beach Boulevard and Indianapolis. John Cope addressed the Commission and pointed out on the vugraph the odd configuration of the property. He noted that the property adjoining this parcel is zoned for commercial and is under the same ownership as the property proposed for a change of zone on this application. -9- 9/7/77 - PC Minutes: H,B, Planning Commission Wednesdayf September 7, 1977 Page 10 Dr. Henry Kaufman addressed the Commission and spoke in opposition to the zone change. He was opposed to commercial zoning, citing noise, extra traffic and visual impact it would bring. He suggested that the Commission and staff further study the General Plan with regard to just how much commercial zoning was needed in the City. He suggested that multi -family or single family developments be considered on Beach Boulevard or office/professional use. The public hearing was closed. Commission discussion ensued. ON MOTION BY SLATES AND SECOND BY NEWMAN ZONE CHANGE NO. 77-21 WAS TABLED PENDING CONSIDERATION OF GENERAL PLAI1 Ai-lENDMENl' NO. 77-3. THE STAFF WAS REQUESTED TO REVIEW THIS PROPERTY AS A PART OF THAT GENERAL PLAN PROCESS. AYES: Finley, Gibson, Slates, Newman, Hoffman NOES: Stern ABSENT: Shea ZONE CHANGE NO. 77-22 Applicant: Initiated by the Planning Department This is a request for a change of zone from M1-CD to R1-CD on property located'on the northwest corner of Slater and Gothard Streets. The public hearing was opened. There was no one present to speak on this zone change and the public hearing was closed. Commission discussion ensued, ON MOTION BY NEWMAN AND SECOND BY HOFFMAN ZONE CHANGE NO. 77-22 WAS APPROVED WITH THE FOLLOWING FINDINGS BY THE FOLLOWING VOTE: 1. The Land Use Element of the General Plan designates the subject property as low density residential. Therefore, the proposed R1 zoning (low density residential) is consistent with the City's General Plan. 2. The resulting low density residential land uses will be compatible with the existing surrounding uses. AYES: Gibson, Slates, Newman, Hoffman NOES: Stern, Finley ABSENT: Shea CODE AMENDMENT NO. 77-11 "MISCELLANEOUS REVISIONS TO ARTICLE 974" Dave Eadie addressed the Commission and briefly discussed the contents of the Code Amendment. 1 -10- 9/7/77 - PC Minutes: H.B. Planning Commission Wednesday, September 7, 1977 Page 11 The public hearing was opened. Commission discussion ensued. ON MOTION BY NEWMAN AND SECOND BY STERN CODE AMENDMENT NO. 77-11 WAS APPROVED AS AMENDED BY THE FOLLOWING VOTE: AYES: Stern, Finley, Gibson, Slates, Newman NOES: None ABSENT: Shea CODE AMENDMENT NO. 77-12 "CONDITIONAL EXCEPTIONS" This code amendment was prepared at the request of the City Council in order to more closely align review procedures and requirements on Conditional Exceptions with the State law. Dave Eadie described the proposed changes in the Code Amendment. The public hearing was opened. Mark Porter addressed the Commission and discussed the purpose of this code amendment. The public hearing was closed. Commission discussion ensued, ON MOTION BY NEWMAN AND SECOND BY STERN CODE AMENDMENT NO. 77-12 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Stern, Finley, Gibson, Slates, Newman, Hoffman NOES: None ABSENT: Shea MISCELLANEOUS: None ORAL COMMUNICATIONS: None COMMISSIONERS' COMMENTS: Commissioner 'Stern requested the staff to look into the possibility of adding a question to an application concerning what financial institution was involved in a project. -11- 9/7/77 - PC Minutes: H.B. Planning Commission Wednesday, September 7, 1977 Page 12 Commissioner Gibson raised a concern regarding the liability of City Commissioners for slander. He cited a recent court decision on the subject. Deputy City Attorney Mark Travis stated that he would report back on this item. Commissioner Gibson wanted information on the authority of the Orange County Land Use Commission insofar as Meadowlark Airport is concerned. Commissioner Stern requested that the issue of Planning Commission policy regard to granting of a continuance at the request of a petition be raised at a study session. STAFF'S COMMENTS: Secretary Selich stated that the Planning Commission, by City Council direction, has to prepare a conflict of interest code by October 3, and suggested that the Chairman appoint a subcommittee to meet with the Attorney's office and place on the Planning Commission agenda for the September 20th meeting. Chairman Slates appointed Commissioners Gibson and Newman to this subcommittee. ADJOURNMENT: The meeting adjourned at 9:45 p.m. to a meeting on September 13, 1977, at 7:00 p.m. in Room B-8. ^ C", a.J�-�u d D. e ich R i--r pA Slates Secretary Chairma -12- 9/7/77 - PC