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HomeMy WebLinkAbout1982-07-20APPROVED ON 8-3-82 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, JULY 20, 1982 - 7:00 PM _COMMISSIONERS PRESENT: Higgins, LiVeng8bd, Paone, Porter, Schumacher, Mirjahangir COMMISSIONERS ABSENT: Winchell CONSENT CALENDAR: ON MOTION BY HIGGINS AND SECOND BY PAONE THE CONSENT CALENDAR, CONSISTING OF THE'MINUTES OF THE REGULAR MEETING OF JULY 7, 1982, WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Paone, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Livengood, Winchell ABSTAIN: None ORAL COMMUNICATIONS: None REGULAR AGENDA ITEMS: CONDITIONAL USE PERMIT NO. 82-14 (Continued from July 7, 1982) Applicant: Lonnie Painter To permit a video game arcade to be located in an existing building on Main Street, approximately 75 feet northwest of Walnut Avenue. The public hearing was reopened. Lloyd Charton, representing the applicant, addressed the Com- mission in support of the request. There were no other persons to speak for or against the proposal, and the public hearing was closed. The Commission discussed the parking for projects of the sub- ject nature, the number of arcades and machines already in the downtown area, the safety of the proposed structure, and the suitability of the use in the downtown. Commissioners Mirja- hangir and Schumacher pointed out that no parking criteria for arcades has been established by code and no restrictions placed on the number which may go into any particular area, and to Minutes, H.B. Planning Commission July 20, 1982 Page 2 deny a request for those reasons would be unfair. A MOTION WAS MADE BY PORTER AND SECONDED BY LIVENGOOD TO DENY CON- DITIONAL USE PERMIT NO. 82-14 WITH THE FINDINGS AS OUTLINED IN THE STAFF REPORT PLUS THE FINDING THAT THE PROPOSAL IS NOT COMPATIBLE WITH THE DIRECTION PLANNED FOR THE DOWNTOWN AREA. MOTION FAILED BY THE FOLLOWING VOTE: AYES: Livengood, Higgins, Porter NOES: Paone, Schumacher, Mirjahangir ABSENT: Winchell ABSTAIN: None A MOTION WAS MADE BY SCHUMACHER AND SECONDED BY MIRJAHANGIR TO APPROVE CONDITIONAL USE PERMIT NO. 82-14 WITH FINDINGS. MOTION FAILED BY THE FOLLOWING VOTE: AYES: Paone, Schumacher, Mirjahangir NOES: Higgins, Livengood, Porter ABSENT: Winchell ABSTAIN: None The request is automatically continued to the regular meeting of August 3, 1982, for failure to obtain four affirmative votes on any motion. ZONE CHANGE NO. 82-8/NEGATIVE DECLARATION NO. 82-22 Applicant: City of Huntington Beach A proposal to rezone six (6) existing mobile home parks to MH (Mob- ile Home) in locations throughout the City. Jim Barnes made a brief presentation of the zone change and noted a correction in one of the legal descriptions, which has been distri- buted to the Commission. This zone change proposal, initiated at the direction of the City Council, will rezone six parks in the City which presently do not carry the MH designation and which are noncon- forming uses in the zoning districts in which they are located. In these cases, the rezoning will be consistent with the General Plan designations on the properties; however, there is a seventh park in the City which will require a General Plan amendment as well as a zone change to achieve -;consistency. Problems which the staff identi- fies with the change of zone are: 1) the existing parks do not in some instances conform to the MH code standards; 2) some of the parks exceed the allowable density of 9 units per acre; and 3) Cabrillo Park when rezoned would not be in conformance with the Coastal Ele- ment's land use designation, which is Visitor -Serving Commercial. The last consideration could be included in the next General Plan amendment, or the Commission could make a finding that the Visitor - Serving Commercial could accommodate that use. -2- 7-20-82 - P.C. Minutes, H.B. Planning Commission July 20, 1982 Page 3 The Commission and staff discussed the status of the Mobilehome Conversion Ordinance; the age and conditions under which the subject parks were installed; what analysis and intent were in- cluded in the General Plan when the present land use designations were placed on the subject properties; and the transitional versus permanent nature of the entitlements when the original approvals were granted for these parks. The public hearing was opened. Forrest Plunkett, co-owner of the Pacific Mobile Home Park, addressed the Commission to oppose adoption of the zone change and to ask that it not be acted upon until he and other owners have had more opportunity to study it. Bill Holman, representing the Huntington Beach Company, noted that in some cases the rezoning appears to be inconsistent with the adopted Coastal Element and that the zone change would offer no further protection to tenants than does the existing zoning. He asked that the portion of the zone change relating to the Huntington Shores Mobile Home Park be denied. Phyllis Shaw, resident of Driftwood Beach Club, addressed the Commission to urge approval of the zone change. Michael Mohler, representing RLM Properties, owners of the Drift- wood Beach Club, labeled the zone change as hastily prepared and added that at the time the Council directed it they had had no opportunity to analyze the Planning Commission's recommenda- tions on the conversion ordinance. He asked that a decision on this matter be postponed until the Council had been able to react to the conversion ordinance at its August 9 meeting. There were no other persons to address the Commission in regard to the subject zone change, and the public hearing was closed. Commissioner Livengood inquired if the density discrepancy would require a future code change. Legal counsel Folger re- plied that it would not be required to change the code because of the nonconforming nature of the existing parks and the zone change could be enacted even though it would create inconsis- tencies. Commissioner Higgins stated that he does not believe the MH zoning would constitute the highest and best use of the subject properties except perhaps for Rancho del Rey, where it could be considered a good use of the property. It would still be his recommendation that the MH overlay previously recommended to Council would be the best approach to the matter. A MOTION WAS MADE BY PORTER AND SECONDED BY SCHUMACHER TO APPROVE NEGATIVE DECLARATION NO. 82-22. -3- 7-20-82 - P.C. Minutes, H.B. Planning CommissXon July 20, 1982 Page 4 After discussion of procedure, this motion was withdrawn. A MOTION WAS MADE BY LIVENGOOD AND SECONDED BY PORTER TO CONTINUE NEGATIVE DECLARATION NO. 82-22 AND ZONE CHANGE NO. 82-8 TO THE MEETING OF AUGUST 17, 1982. MOTION FAILED BY THE FOLLOWING VOTE: AYES: Livengood, Mirjahangir NOES: Higgins, Paone, Porter, Schumacher ABSENT: Winchell ABSTAIN: None A MOTION WAS MADE BY HIGGINS AND SECONDED BY PORTER TO DENY NEGATIVE DECLARATION NO. 82-22 WITH THE FINDING OF LACK OF SUBSTANTIATING INFORMATION. Mr. Barnes informed the Commission that the only alternative to a negative declaration is to reject it and require that an environ- mental impact report be prepared. Legal counsel pointed out that in the event the zone change is denied the question becomes moot and there is no need for the Commission to act on the negative declara- tion. At the conclusion of this discussion, the motion to deny was withdrawn. ON MOTION BY PORTER AND SECOND BY HIGGINS ZONE CHANGE NO. 82-8 WAS DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed rezoning would create massive problems of non- conformance. 2. Adoption of a Mobile Home Overlay ordinance would accomplish the intended purpose without the nonconformance problem cited above. AYES: Higgins, Livengood, Paone, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Winchell ABSTAIN: None Staff was directed to prepare a letter ,for the Chairman's signature to the City Council expanding upon the Commission's reasons for denial of this proposed rezoning. CONDITIONAL USE PERMIT NO. 82-15 Applicant: Harvey Sullivan To permit a video game arcade and ice cream parlor to be located in an existing shopping center on the east side of Magnolia Street approximately 160 feet south of Garfield Avenue. The public hearing was opened. -4- 7-20-82 - P.C. Minutes, H.B. Planning Commission July 20, 1982 Page 5 Harvey Sullivan spoke in support of his application, saying that the parking conflict between his proposed use and the existing children's theater does not exist because the lease on the theater was canceled as of July lst of this year. Mr. Sullivan also contended that his proposed use would not be incompatible with other uses in the center. Ed Midde, representing Cal West Real Estate, spoke in opposition to the request citing problems in the areas of increased noise and debris, lack of parking, and extra maintenance. Russ Jedinak, original developer of the parcel, informed the Com- mission that the center had been laid out with total parking available for all three parcels. He further explained the lease he has prepared with the applicant, which provides for termina- tion of the use if complaints are not rectified within a 45-day period. There were no other persons to speak for or against the proposal, and the public hearing was closed. The Commission discussed the project in regard to compliance with the criteria established for such uses. ON MOTION BY PORTER AND SECOND BY LIVENGOOD CONDITIONAL USE PERMIT NO. 82-15 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed electronic game arcade is a use that is consis- tent with the City's General Plan and is compatible with ex- isting and proposed uses in the surrounding area. 2. The proposed electronic game arcade substantially complies with all of the criteria established for game arcades in Article 933. Note: Although the arcade is technically within one-half mile of an elementary school, the Commission has found that, because of the layout of the adjoining tract and the streets which have to be used to get from the school to the subject site, the actual walking or driving distance between the school and the arcade is more than one-half mile. CONDITIONS OF APPROVAL: 1. The site plan and floor plan received and dated June 4, 1982 shall be the approved layout, with the provision that the site plan shall designate specific areas for bicycle racks, placed to avoid interference with motor vehicles and pedes- trians using the parking lot. These bicycle racks shall be located and installed to the approval of the Department of Development Services. -5- 7-20-82 Minutes, H.B. Planning Commission July 20, 1982 Page 6 2. Hours of operation shall be limited to 10:00 a.m. to 9:00 p.m. Mondays through Thursdays; from 10:00 a.m. to 12:00 p.m. Fri- days and Staurdays; and from noon to 6:00 p.m. on Sundays. 3. The facility shall be supervised at all times during operation hours by at least one adult over the age of 18. 4. The proposed use shall comply with all building and Fire De- partment regulations. 5. The subject use shall be reviewed at the end of a one-year period. 6. The Planning Commission reserves the right to rescind this con- ditional use permit approval in the event of any violation of the applicable -,zoning laws or of these conditions of approval. Any such decision shall be preceded by a notice to the appli- cant and a public hearing, and shall be based upon specific findings. AYES: Higgins, Livengood, Paone, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Winchell ABSTAIN: None CONDITIONAL USE PERMIT NO. 82-16 Applicant: Guy Graves/Nancy Lynn To permit the establishment of an electronic game arcade in an ex- isting shopping center located on the northeast corner of Warner Avenue and Green Street. Commissioner Schumacher questioned the lack of restroom provisions and was informed by staff that the code does not require such fac- ility for the subject occupancy load. The public hearing was opened. Guy Graves addressed the Commission in support of his request. There was no one else to speak in regard to the proposal, and the public hearing was closed. Commission review centered on the distance from a signalized inter- section and the separation between the use and adjoining residences by only a parking lot where young people might congregate, resulting in an adverse impact upon the residential units. ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS CONDITIONAL USE PERMIT NO. 82-16 WAS DENIED FOR THE FOLLWOING REASONS, BY THE FOLLOWING VOTE: -6- 7-20-82 - P.C. Minutes, H.B. Planning Commission July 20, 1982 Page 7 FINDINGS FOR DENIAL: 1. The proposed game arcade is not buffered on the north by buildings, utility easements, permanent open space, or arterial streets as required by the criteria found in Sec- tion 9332(q) of the Huntington Beach Ordinance Code. 2. The proposed electronic game arcade is not located in a commercial area at an intersection with a traffic signal. AYES: Higgins, Livengood, Paone, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Winchell ABSTAIN: None The applicant was advised of the appeal period and procedure. CONDITIONAL USE PERMIT NO. 82-17 Applicant: Dennis A. Taylor To permit the relocation of an existing electronic game arcade in an existing shopping center located at the southeast corner of Beach Boulevard and Atlanta Avenue. The public hearing was opened. Dennis Taylor was present to respond to any questions the Com- mission might have. There were no other persons to speak for or against the proposal, and the public hearing was closed. Commission discussion ensued. ON MOTION BY SCHUMACHER AND SECOND BY LIVENGOOD CONDITIONAL USE PERMIT NO. 82-17 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed electronic game arcade is a use that is consis- tent with the City's General Plan and is compatible with existing and proposed uses in the surrounding area. 2. The proposed electronic game arcade substantially complies with all of the criteria established for game arcades in Article 933. CONDITTONS OF APPROVAT.! 1. The floor plan and site plan indicating bicycle racks received and dated June 17, 1982 shall be the approved layout. -7- 7-20-82 - P.C. Minutes, H.B. Planning Commission July 20, 1982 Page 8 2. The hours of operation sha 1 be between 9:00 a.m. and 12:00 midnight, Monday through Sunday. 3. The facility shall be supervised at all times during oper- ating hours by at least one adult over the age of 18. 4. The proposed use shall comply with all building and Fire Department regulations. 5. The existing facility operated by this applicant in this shop- ping center shall be closed and its approval under Conditional, Use Permit No. 81-21 shall become void. 6. The Planning Commission reserves the right to rescind this conditional use permit approval in the event of any violation of the applicable zoning laws or of these conditions of approval. Any such decision shall be preceded by a notice to the appli- cant and a public hearing and shall be based upon specific findings. AYES: Higgins, Livengood, Paone, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Winchell ABSTAIN: None SPECIO_L SIGN PERMIT NO. 82-3 Applicant: Huntington Beach Company To permit remodeling of two existing freestanding signs to allow changeable copy in a shopping center located at the northwest corner of Main Street and Yorktown Avenue. The public hearing was opened. Bruce Hart, representing the Huntington Beach Company, spoke to the Commission in support of the sign request and indicated his agree- ment to the suggested conditions of approval. Albert Carduvon, Carl Briggs, and Howard Lupke, merchants within the center, also urged approval. Wendell Sparks, Vice President for Property Management for Hunting- ton Seacliff Corporation, also recommended approval. The public hearing was closed. The Commission discussed the original theme of the center, expressing concern that the revisions proposed conform with that theme and with the original planned sign program. Savoy. Bellavia informed the Com- mission that the revisions made had been designed by the original architect for the center. There will be some illuminated signs, but these will be set into the architectural relief on the buildings -gam 7-20-,82 - P.C. 1 Minutes, H.B. Planning Commission July 20, 1982 Page 9 and will resemble windows more than attached signs. He noted also that these signs will be more visible from the parking lot and the center itself than they will be from the streets. Commissioner Porter, citing the importance of the center as an asset to the City, requested that the Commission be kept up to date on any future revisions to the sign program. ON MOTION BY SCHUMACHER AND SECOND BY PORTER SPECIAL SIGN PER- MIT NO. 82-3 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDI- TIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. Lack of sufficient advertising opportunity is causing a sub- stantial economic hardship for businesses located within the shopping center. 2. The proposed signs are designed in such a manner that pedes- trian and/or vehicular traffic vision will not be obstructed. 3. The proposed signs will not be detrimental to surrounding properties. 4. The proposed signs will not adversely affect other signs in the area. CONDITIONS OF APPROVAL: 1. Information displayed on the changeable copy message board shall be limited to advertisement of events rather than specific price information. 2. Individual messages on the changeable copy message board shall be displayed for a minimum duration of five days. 3. The changeable copy message board shall contain a maximum of four lines of copy. 4. The signs shall be constructed in accordance with the loca- tion and design demonstrated on the site plan and sign elevations received and dated June 11, 1982. 5. The Planning Commission reserves the right to rescind this special sign permit approval in the event of any violation of the terms of this approval or a violation of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based upon specific findings. AYES: Higgins, Livengood, Mirjahangir NOES: None ABSENT:, Winchell ABSTAIN: None Paone, Porter, Schumacher, -9- 7-20-82 - P.C. Minutes, H.B. Planning Commission July 20, 1982 Page 10 DISCUSSION ITEMS: CONDITIONAL USE PERMIT NO. 82-32 The Shooting Range, Inc. Staff reported that no complaints have tion of this use. However, it has been a further investigation will take place and a full report made to Commission. ELECTRONIC GAME ARCADE ORDINANCE been received from the opera - open only one month, and at the end of six months The Commission considered the staff's report on items concerning the game arcades which it feels should be studied for inclusion in the ordinance. Commissioner Schumacher added that she would like to see the possibility of requiring public restrooms in the arcade fac- ilities addressed as well, and also a prohibition on game machines within facilities where alcoholic beverages are sold. After review, it was the consensus of the Commission that the suggestions from staff and the Commission should be analyzed. ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR STAFF WAS DIRECTED TO ANALYZE THE PARKING NEEDS FOR GAME ARCADES, THE DISTANCE BETWEEN SUCH FACILITIES, THE POSSIBILITY OF A CITY TAX ON INDIVIDUAL MACHINES, AND THE PROVISION OF RESTROOM FACILITIES IN SUCH USES AND RETURN TO THE COMMISSION WITH A REPORT, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Paone, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Winchell ABSTAIN: None In further discussion, Commissioners Porter and Schumacher again emphasized that the inclusion of game machines in liquor stores has resulted in problems, among them lack of supervision by the store owners. ON MOTION BY PORTER AND SECOND BY SCHUMACHER STAFF WAS DIRECTED TO ALSO ANALYZE THE OPERATION OF GAME MACHINES IN PLACES WHERE OFFSALE LIQUOR, BEER, AND WINE ARE SOLD AND REPORT ON THE LEGAL 114PLICATIONS OF POSSIBLE PROHIBITION OF SUCH LOCATIONS, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Paone, Porter, Schumacher, Mirjahangir NOES: None ABSENT: WInchell ABSTAIN: None CITY COUNCIL ACTION: Secretary Palin reviewed the actions taken by the City Council at its July 19, 1982 meeting, for the Commission's information. _10-- 7-20-82 - P.C. [l 1 Minutes, H,B. Planning Commission July 20, 1982 Page 11 REVISIONS TO THE COASTAL ELETQENT: Changes now being proposed in the LUP make it necessary for the City Council to get a report of concurrence from the Planning Commission. Also, it is necessary for the Commission to review and act upon changes to the floor area ratios in various sec- tions of the coastal zone so -that they may be transmitted to the Coastal Commission prior to its next certification hearing on the City's Local Coastal Plan. Staff reviewed the proposed floor area ratios (FAR's) estab- lished after the joint Council/Commission study session had reached a consensus that the FAR's originally proposed were too intense. These ratios will set the outer boundary in the coastal zone, but may not be the ratios actually adopted in the Specific Plans which will become the zoning for the areas. The Commission discussed the interrelationship of the FAR with traffic and parking generation, circulation patterns, and fiscal impacts in the coastal zone, and staff assured them that if studies indicate that capacities in the downtown are too low to accommodate the proposed levels they can be lowered - the pro- posed ratios only establish maximum limits of intensity of development. ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR THE COMMISSION FORMALIZED ITS PRIOR STRAW VOTES APPROVING THE DRAFT CHANGES TO THE COASTAL ELEMENT AS TRANSMITTED IN THE STAFF REPORT DATED JULY 20, 1982, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Paone, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Winchell ABSTAIN: None ON MOTION BY HIGGINS AND SECOND BY PORTER THE COMMISSION APPROVED THE FLOOR AREA RATIOS CONTAINED IN THE STAFF REPORT, FIGURE 1, DATED JULY 20, 1982, BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Mirjahangir NOES: None ABSENT: Winchell ABSTAIN: None ORAL COMMUNICATIONS: None DEVELOPMENT SERVICES ITEMS: Paone, Porter, Schumacher, Savoy Bellavia reported that staff is analyzing the entire park- ing ordinance, Article 979, in response to a Commission inquiry on office parking facilities. -11- 7-20-82 - P.C. Minutes, H.B. Planning Commission July 20, 1982 Page 12 He also advised the Commission that trees at Adams Avenue and Mag- nolia Street had been cut by City personnel; Public Works has reported that this was done because of the excessive number of frontage road trees which were blocking view of the property behind them. There being no further business, the meeting adjourned at 9:25 p.m. Tim Paone, Chairman n -12- 7-20-82 - P.C.