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HomeMy WebLinkAbout1978-05-16APPROVED 6/6/78 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers, Civic Center Huntington Beach, California TTIESDAY, MAY 16, 1978 - 7 P.M. COMMISSIONERS PRESENT: Higgins, Russell, Stern, Finley COMMISSIONERS ABSENT: Shea, Newman, Hoffman NOTE: A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE PLANNING DEPARTMENT OFFICE. CONSENT CALENDAR: Minutes of May 2, 1978 CGP 78-9 - Find in conformance with the General Plan Signal Modifi- cation at Goldenwest and McFadden- CGP 78-10 - Find in conformance with the General Plan construction of a 12-inch water line across Harbour Channel. CGP 78=11 - Find in conformance with the General Plan Acquisition of a 5 acre park/athletic facility site. Special Sign Permit No. 78-4 - Approve request for continuance to June 6, 1978 meeting. ON MOTION BY STERN AND SECOND BY RUSSELL THE CONSENT CALENDAR ITEMS WERE APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Newman, Hoffman REGULAR ITEMS: CONDITIONAL USE PERMIT NO. 78-5/NEGATIVE DECLARATION NO. 78-19 Applicant: Active Concepts, Inc. (Bennie G. Williams) This is a request to establish a teenage membership disco. The subject use is proposed to utilize approximately 3300 sq. ft. of a shopping center that is presently under construction. This space was originally designated on the approved plan as office -professional space. The property is located on the northwest corner of Warner and Magnolia. Savoy Bellavia addressed the Commission and advised them that this item has been previously continued by the Planning Commission and that he had contacted various cities currently having operating discos, for further information. Mr. Bellavia, however, was unsuccess- ful in obtaining written responses, but did speak to various Police Departments in other cities. Some comments he received were that Minutes: H.B. Planning Commission Tuesday, May 16, 1978 Page Two teenage discos have a tendency to create abnormal amounts of traffic due to "cruising" of parking lots by automobiles; attraction of young people from outside the community; teenage arrests have been made due to drunk driving and being under the influence of drugs; and noise levels have increased due to the congregation of a large number of young people. Chairman Finley opened the public hearing. There being no one present to speak, the public hearing was closed. Commissioner Stern felt that a lack of teenage activities prevails and that the proposed disco may fill that need. He further stated that a one year time limit on the application was appropriate to allow the applicant time to operate the disco and also allow time for the City to observe the disco for any possible impacts. Commissioner Russell requested the applicant to approach the Commission for questioning. Chairman Finley reopened the public hearing. Mr. Bennie Williams of Active Concepts, Inc., the applicant, addressed the Commission and stated that another city reported little violence resulting from their disco, that on occasions some trouble has taken place outside the facility but only one incident has taken place inside the disco. The possibility of unfavorable incidents that might occur with the approval of this application was further discussed . Mr. Williams stated that the proposed location was conducive to a youth facility due to being directly across the street from another youth facility. Further Commission discussion ensued. ON MOTION BY STERN AND SECOND BY HIGGINS NEGATIVE DECLARATION NO. 78-19 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Hoffman, Newman I� 1 L Commissioner Higgins expressed concern about the operation of restaurants in conjunction with a disco at the shopping center. He felt that the successful operation of the two restaurants is critical to the center, and that the operation of the disco may lessen the appeal of the restaurants :to patrons due to excessive noise, automobile congestion, etc. However, Commissioner Higgins feels there is a need for such a youth facility but feels other commercial centers should be scrutinized. Minutes: H.B. Planning Commission Tuesday, May 16, 1978 Page Three Commissioner Russell expressed favor of a teenage disco. However, he also feels that traffic in the location proposed may present a problem. A MOTION WAS MADE BY STERN AND SECONDED BY HIGGINS TO APPROVE CONDITIONAL USE PERMIT NO 78-5 WITH CONDITIONS AND FINDINGS AS OUTLINED BY STAFF: VOTE: AYES: Stern NOES: Higgins, Russell, Finley ABSENT: Shea, Newman, Hoffman The application was automatically continued to June 6, 1978. Commissioner Finley reopened the public hearing and continued it to June 6, 1978. CONDITIONAL EXCEPTION NO. 78-7 - APPEAL Applicant: C. George Lippincott, Jr. This is a request to permit a patio cover to encroach within one (1) ft. of the side property line and to raise block wall to 7 ft. + with storage structure roof at zero property line located at 17036 Edgewater Lane, Huntington Beach, California. Pat Spencer gave a brief presentation on this application, stating that the patio and wall are presently existing. Commissioner Russell determined that the work had been done by a licensed contractor. The public hearing was opened. Ms. Norma Gibbs addressed the Commission stating that she was speaking for Mr. & Mrs. Lippincott. Ms. Gibbs stated that the applicant had secured necessary permits for the construction of the block wall. She also stated that the patio cover consists of trellis covering and could not be considered a' patio cover. She read into the record'a letter from the Bolsa Chica Nursery stating that Mr. Lippincot had purchased a great amount of plants there and that his yard had been completed in good taste. She also read a letter from a neighbor into the record in favor of the proposal. Ms. Gibbs further stated that the present block wall is six feet high and that a topping would bring the wall up an additional six inches, so that Mr. Lippin- cot has protection of his stored materials. Ms. Gibbs read the mandatory findings listed on the staff report into the record and felt that the proposed application warrants approval under those findings. Mr. Cardinas, adjacent property owner, addressed the Commission and spoke in opposition to the proposal. Mr. Cardinas pointed out that the storage area had become part of his front entrance, and he felt Minutes: H.B. Planning Commission Tuesday, May 16, 1978 Page Four it was unattractive. He said he did not agree to any storage facility adjacent to his property. He also pointed out that the overhead struc- ture was a potential fire hazard as determined by an insurance adjuster. Mr. Cardinas further stated that a City inspector had visited the prop- erty and determined that the block wall exceeds six feet. Ms. Gibbs remarked that the neighborhood had various properties that had fencing exceeding six feet. Mrs. Lippincott addressed the Commission and invited the Commission to view the proposed site prior to making a determination. The public hearing was closed. Commission discussion ensued. Commissioner Russell questioned whether a problem exists with the Fire Code. Fire Marshal Ott stated he was not certain whether or not the proposal meets the requirements of the Uniform Building Code/Fire Code. Mr. Spencer, Planning Department, advised the Commission that any permits for the wall become void if the height limit of six feet is exceeded on a block wall. A MOTION WAS MADE BY STERN TO APPROVE CONDITIONAL EXCEPTION NO,. 78-7 GRANTING THE BEAMS AND ALLOWING VERTICAL SUPPORTS TO PROVIDE A FINISHED VISUAL APPEARANCE PROVIDING THAT ONE COURSE OF BLOCKS IS REMOVED FROM THE WALL. MOTION DIED FOR LACK OF SECOND. Mr. Selich suggested that the Planning Commission request a report from the Building Department regarding compliance to Code of the overhead structure. ON MOTION BY HIGGINS AND SECOND BY RUSSELL CONDITIONAL EXCEPTION NO. 78-7 WAS CONTINUED TO JUNE 6, 1978 ALLOWING STAFF TIME TO RESEARCH THE PROPOSAL FOR CONFORMANCE WITH THE ORDINANCE CODE BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Newman, Shea, Hoffman The Chairman reopened the public hearing. Mr. Lippincott addressed the Commission and gave the Commission concurrence of the continuance. Chairman Finley stated that this public hearing will be continued to June 6, 1978. Minutes: H.B. Planning Commission Tuesday, May 16, 1978 Page Five CONDITIONAL USE PERMIT NO. 78-7 Applicant: Pure Life Centers, Inc. This is a request for the establishment of a health center located at 15041 Goldenwest Street, on the southwest corner of Bolsa and Goldenwest. Savoy Bellavia gave a brief presentation on this application. Mr. Bellavia stated that this application is a request to permit the development of a health center in an existing structure of a commercial center. The facilities will include a juice and food counter, exer- cise room, sauna, showers and hair dressing facilities. The public hearing was opened. Mr. Barry Ward, applicant, addressed the Commission. Mr. Ward stated that he has read the staff report and agrees to its contents. He feels this will be a good use and an asset to the community. The public hearing was closed. Commission discussion ensued. ON MOTION BY STERN AND SECOND BY RUSSELL CONDITIONAL USE PERMIT NO. 78-7 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITION, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed plan substantially complies with the applicable ordinance code requirements. 2. The proposed design and layout of the use will provide for a compatible land use with both proposed commercial uses and existing surrounding commercial uses. CONDITION OF APPROVAL: 1. The site plan and floor plan dated March 31, 1978, shall be the approved layout., AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Newman, Hoffman, Shea The requirement of Conditional Use Permits for proposals allowed by Ordinance Code in commercial shopping centers already having conceptual approval was discussed. Commissioner Finley directed staff to investigate this matter further to determine if a code amendment eliminating the Conditional Use Permit requirement for such uses would be in order. Minutes: H.B. Planning Commission Tuesday, May 16, 1978 Page Six PRECISE PLAN OF STREET ALIGNMENT 77-7B/NEGATIVE DECLARATION NO. 78-43 This is a request to provide a cul-de-sac on "Graham Place" on the south side of Heil Avenue, approximately 300 feet west of Graham Street. Savoy Bellavia gave a presentation on the proposal. He stated that on February 7, 1978, the Planning Commission approved Precise Plan of Street Alignment No. 77-7, an alignment of an existing private street located south of Heil Avenue, approximately 312 feet west of Graham Street. The approved street extended from Heil Avenue approximately 630 feet south to the northern property line of the City -owned future park site, Sims Grove. The City Council modified the approved alignment and only approved approximately 490 ft. of the proposed street and requested that the staff explore alternatives for the termination of the new street and the location of the cul-de-sac. Precise Plan of Street Alignment No. 77-7 was divided into two sections in order to have a portion of it approved and the remaining portion reanalyzed for alternative solutions to the termination of the proposed street. Precise Plan of Street Alignment No. 77-7"A" is that portion of Graham Place and Heil Avenue south approximately 490 feet. Precise Plan of'Street Alignment No. 77-7"B" is that portion from the southerly end of Precise Plan of Street Alignment No. 77-7"A" to the termination on' the subject site. Mr. Bellavia briefly presented the three alternatives outlined, and stated that the Recreation and Parks Commission had also reviewed the alternatives and chose Alternative 1 as the least detrimental. Mr. Selich stated that the City Council had instructed staff to pursue Alternative 2. The public hearing was opened. Mr. Bill Sullivan addressed the Commission and requested someone to' point out the landlocked parcels to him on a map. Mr. Bellavia pointed out the landlocked parcels and stated that several previously approved tentative parcel maps have created these landlocked parcels fronting Graham Place. Mr. Sullivan stated his objection to the proposed align- ment to the City Council and was told at that time that staff would work with him in resolving his objections. Mr. Sullivan also objected to the proposed parking lot adjacent to his property on the park site. He further objected to any dedication of property for the proposed precise plan of street alignment. Access easements to various properties were discussed. Mr. Rampart addressed the Commission and cited various illegal activities he has observed in the park and grove. He was concerned with the burglaries in the immediate area and trash that has been dumped. He feels there is current access to the parcels from Graham and feels there is adequate parking presently. Minutes: H.B. Planning Commission _ Tuesday, May 16, 1978 Page Seven Mr. Ralph Ricks addressed the Commission and stated his opposition to a parking lot at this point in time. He feels there is little use of the park presently and stated that additional asphalt is not needed. Mr. Ricks prefers the site to stay as is. Ms. Gwen Rampart addressed the Commission and cited the need of the park to be used for group activities, i.e., girl scouts, camp fire girls, etc. Mr. Bellavia stated that according to the Department of Parks and Recreation, a certain fund has been proposed in the budget for clean up of the park and that the intention is to keep the park as close to natural as possible. Commissioner Stern feels there are no landlocked parcels because private easements exists and that an application has been presented to the Commission for which there is no need. Commissioner Finley feels it is premature to be making any decisions on the park. Mr. Selich stated that the access to the park is irrelevant to this application, but that the property in question cannot be developed until access is provided. Mr. Selich then presented another alter- native by moving the cul-de-sac slightly north. He cited the importance of the cul-de-sac for access of emergency vehicles. Mr. Sullivan again addressed the Commission and stated his opposition to Mr. Selich's alternative, stating that he now has a work shop where the cul-de-sac bulb is proposed. The public hearing was closed. Commission discussion ensued. ON MOTION BY STERN AND SECOND BY RUSSELL NEGATIVE DECLARATION NO. 78-43 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Hoffman, Newman A MOTION WAS MADE BY STERN TO DENY PRECISE PLAN OF STREET ALIGNMENT 77-7"B" DUE TO LACK OF LANDLOCKED PARCELS IN EXISTENCE. MOTION DIED FOR LACK OF SECOND. A MOTION WAS MADE BY HIGGINS AND SECONDED BY RUSSELL TO APPROVE PRECISE PLAN OF STREET ALIGNMENT NO. 77-7"B", ALTERNATIVE ONE. Commissioner Finley stated that she did not wish to make a decision on the park access at this time and therefore, was voting in oppo- sition to the motion. Minutes: H.B. Planning Commission Tuesday, May 16, 1978 Page Eight VOTE: AYES: Higgins, Russell NOES: Stern, Finley ABSENT: Shea, Newman, Hoffman The application was automatically continued to June 6, 1978. Commissioner Finley reopened the public hearing and continued it to June 6, 1978. Mr. Selich stated that he would meet with Mr. Sullivan to work out an agreeable compromise. CODE AMENDMENT NO. 78-3 "BUS BENCHES" Mr. Selich spoke briefly about the amendment and stated that the wording had been expanded to permit transit shelters. The public hearing was opened. Mike Rogers spoke in favor of the amendment, stating that the benches are very important to the senior citizens. The public hearing was closed.. Commission discussion ensued. ON MOTION BY STERN AND SECOND BY RUSSELL CODE AMENDMENT NO. 78-3 "BUS BENCHES" WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Newman, Hoffman Commissioner Stern requested that the Council be advised of the Planning Commission's desire to maximize non -advertising benches. He also re- quested that Council be provided adequate information on purchase price and maintenance cost of benches when the Bench Ad agreements are con- sidered. DISCUSSION ITEMS RESOLUTION OF INTENTION TO INITIATE A ZONE CHANGE Ms. Florian addressed the Commission and stated that the resolution of intention to initiate a zone change had been generated by staff because of an error on a previously approved zone change. The properties located at the southeast corner of Warner Avenue and "A" Street (lot 46 and part of 48, tract 360) were inadvertently included in the adopted ordinance which changed zoning on the property located west of "B" Street and east of the Alley between Beach Boulevard and "A" Street and north of Blaylock Drive and south of Warner Avenue from C-4, Highway Commercial 1 Minutes: H.B. Planning Commission Tuesday, May 16, 1978 Page Nine to R-2, Medium Density Residential. Because said property has a new commercial building located on it, the Planning Commission had excluded the property from their approval of Zone Change 77-9 on September 7, 1977. To rectify this problem, the Planning Commission is being requested to adopt the resolution of intention to initiate a zone change and conduct a public hearing. Commission discussion ensued. ON MOTION BY STERN AND SECOND BY RUSSELL, THE RESOLUTION OF IN- TENTION TO INITIATE A ZONE CHANGE WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Newman, Hoffman ORAL COMMUNICATIONS: None PLANNING DEPARTMENT ITEMS INDUSTRIAL DEVELOPMENT, GOTHARD/HEIL Mr. Selich presented the most recent development proposals at Gothard and Heil. Mr. Selich outlined the proposal on a map depicting a series of shell buildings proposed. He explained that the site plan for this project would be approved by the Board of Zoning Adjustments to assist the developer in meeting his time schedule, and at a later date a subdivision would be processed on the site as well as an "X" Map on the adjacent property to complete the street pattern. COMPLIANCE WITH CONDITIONS, A TO Z WRECKERS Commissioner Russell thanked the staff for information provided. LAMBERT PARK ACCESS Ms. Florian gave a brief presentation on access to Lambert Park as requested by Commissioner Finley. CONFORMANCE OF GENERAL PLAN NO. 78-12 10-acres of proposed land for sale as surplus City -owned property not being required for any future public purposes. ON MOTION BY RUSSELL AND SECOND BY HIGGINS, CONFORMANCE OF GENERAL PLAN NO. 78-12 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Hoffman, Newman Minutes: H.B. Planning Commission Tuesday, May 16, 1978 Page Ten CONFORMANCE OF GENERAL PLAN NO. 78-13 Request by Public Works Department for City to purchase three acres of land for the purpose of expanding its water utility operation facilities. ON MOTION BY RUSSELL AND SECOND BY FINLEY CONFORMANCE OF GENERAL PLAN NO. 78-13 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Russell, Stern, Finely NOES: None ABSENT: Shea, Hoffman, Newman ABSTAIN: Higgins CONFORMANCE OF GENERAL PLAN NO. 78-14 Request by Public Works Department to purchase 3.14 acres of property with five existing industrial buildings for helicopter operations and storage. The property is located on the westerly side of Gothard Street, approximately 950 feet north of Ellis Avenue. ON MOTION BY RUSSELL AND SECOND BY HIGGINS CONFORMANCE OF GENERAL PLAN NO. 78-14 WAS APPROVED BY THE FOLLOWING VOTE: AUES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Hoffman, Newman COMMISSIONER ITEMS: A MOTION TO RECONSIDER PRECISE PLAN OF STREET ALIGNMENT NO. 77-8 WAS MADE BY FINLEY AND SECONDED BY STERN. VOTE: AYES: Russell, Stern, Finley, Higgins NOES: None ABSENT: Shea, Hoffman, Newman Chairman Finley expressed her concerns regarding this precise plan and its long term effects on circulation in the area. She also discussed the long-range impact of Tentative Tract 10169 on Lake Street. A MOTION WAS MADE BY FINLEY AND SECONDED BY STERN TO CONTINUE DISCUSSION OF PRECISE PLAN OF STREET ALIGNMENT 77-8 FOR A REPORT ON THE IMPLI- CATIONS OF THE PRECISE PLAN AND A LEGAL INTERPRETATION OF THE STATUS OF, TENTATIVE TRACT 10169. VOTE: AYES: Higgins, Russell, Stern, Finley NOES: None ABSENT: Shea, Hoffman, Newman Minutes: H.B. Planning Commission Tuesday, May 16, 1978 Page Eleven Robert Jarrard, addressed the Commission explaining his progress to date on Tract 10169 and his concerns about any future action on this tract. The Planning Commission directed staff to report back to the Commission at the earliest possible date with the information re- quested. STAFF COMMENTS: Ed Selich reviewed the action of the City Council meeting of May 15, 1978 .with the Planning Commission. THERE BEING NO FURTHER BUSINESS, MEETING WAS ADJOURNED AT 10:20 P.M. 1�1 t 0 Ch 9j, Ed rd D. Se ich Secretary :gc i Ruth Finley Chairman AN A* Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 CALL FOR SPECIAL MEETING OF PLANNING COMMISSION Ruth Finley, Commissioner Robert Bazil, Commissioner John Stern, Commissioner Ronald M. Russell, Commissioner Timothy T. Paone, Commissioner Frank P. Higgins, Commissioner Stanley J. Cohen, Commissioner You are hereby notified that a Special Meeting of the Planning Commission of the City of Huntington Beach, California, is called for and will be held in Room B-S (adjoining Council Chambers) of the Civic Center, 2000 Main Street, Huntington Beach, California, at the hour of 7:00 p.m. on Tuesday, May 30, 1977. The purpose of this special meeting called by the Commissioners as a Committee of the whole is for orientation of the new Planning Commission including a review of relevant laws, regulations, and meeting procedures; review of the role of the Planning Commission and supporting staff functions; and possible election of officers. I hereby certify that I received the above notice, "Call for Special Meeting of the Planning Commission," prior to 7:00 p.m. on Monday, May 29, 1977. Commissione Commissione Commissione Commissione Commissione Commissione Commissioner