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HomeMy WebLinkAbout1982-08-03APPROVED AS AMENDED ON 8-17-82 M114UTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, California TUESDAY, AUGUST 3, 1982 - 7:00 PM COMMISSIONERS PRESENT: Higgins, Livengood, Winchell, Porter, Schumacher, Mirjahangir COMMISSIONERS ABSENT: Paone CONSENT CALENDAR: Commissioner Schumacher asked that Consent Item A-3 be pulled for separate discussion. ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL, THE REMAINDER OF THE CONSENT CALENDAR CONSISTING OF THE MINUTES OF THE ADJOURNED MEETING OF JUNE 22, 1982, THE REGULAR MEETING OF JULY 20, 1982, AND AN EX- TENSION OF TIME REQUEST FOR CONDITIONAL USE PERMIT NO. 80-25, WAS APPROVED BY THE FOLLOWING VOTES: JUNE 22, 1982 MINUTES: AYES: Winchell, Porter, Schumacher NOES: None ABSENT: Paone ABSTAIN: Higgins, Livengood, Mirjahangir JULY 20. 1982 MINUTES: AYES: Higgins, Livengood, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Paone ABSTAIN: Winchell EXTENSION OF TIME - CUP 80-25: AYES: Higgins, Livengood, Winchell, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Paone ABSTAIN: None ter, Item #A-3, a proposed street vacation of the Wintersburg Avenue M.i nutes, H.B. Planning Commission August 3, 1982 Page 2 right-of-way was discussed as to its conformance to the General Plan. After clarification of some questions to the Public Works Department, it was found to be in conformance. ON MOTION BY SCHUMACHER AND SECOND BY LIVENGOOD GENERAL PLAN CONFOR- MANCE NO. 82-6 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Paone ABSTAIN: None ORAL COMMUNICATIONS AND COMMISSION ITEMS: None REGULAR AGENDA ITEMS: CONDITIONAL USE PERMIT NO. 82-14 (Continued from 7-20-82) Applicant: Lonnie Painter A request to permit a video game arcade, having 30 machines, in a�• building which is presently occupied by several retail merchants. The subject property is located on Main Street, approximately 75 feet northwest of Walnut Avenue. Commissioner Winchell stated that she listened to the tape of the July 20th public hearing and, therefore, would be eligible to vote on this issue. Acting as chairman, Mr. Porter opened the public hearing. Speaking in favor of granting the request was Lloyd Charton and the applicant, Lonnie Painter. Both emphasized the fact that the letters attached to the staff report from Mr. Taylor were erroneous. It would appear from those letters that Mr. Taylor was the owner of the subject building, when in fact, according to Mr. Painter, he was not the owner. The public hearing was closed. Commissioner Winchell said that she inspected the arcade and could not find any bicycle parking. She stated that she would be in favor of the request if this were made a condition. ON MOTION BY LIVENGOOD AND SECOND BY WINCHELL CONDITIONAL USE PERMIT NO. 82-14 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: F'1.NDTNGS FOR APPROVAL: 1010� 1. The proposed electronic: game arcade is a use that is consistent -2- 8-3-82 - P.C. s Minutes, H.B. Planning Commission August 3, 1982 Page 3 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. CONDITIONS OF APPROVAL: 1. The floor plan received and dated May 26, 1982, shall be the approved floor plan. 2. The hours of operation shall be limited to 9:00 AM to 10:00 PM, Mondays through Thursdays, and 9:00 AM to 11:00 PM, Fridays through 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 applicant shall provide a bicycle rack within the facility. Said bicycle rack shall accommodate a minimum of five bicycles and will not be located on the public right-of-way. S. The proposed use shall comply with all Building and Fire Depart- ment regulations. 6. The Planning Commission reserves the right to rescind this conditional use permit approval in the event of any violations of the applicable zoning laws. Any such decision shall be pre- ceded by a notice to the applicant and a public hearing, and shall be based on specific findings. AYES: Higgins, Livengood, Winchell, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Paone ABSTAIN: None ZONE CHANGE NO. 82-6/NEGATIVE DECLARATION NO. 82-17 Applicant: D. Lindsay, Shell Oil Company A request to add the "service station suffix" to the existing C2 District at an existing service station located on the northwest corner of Springdale Street and Heil Avenue. The public hearing was opened. The following persons spoke in op- position to the approval of the subject request: Andy Herko Mike Burns Bill Newenfeldt Sandy Castillo Peter Rossi Art Schmitt _1W1_ -3- 8-3-82 - P.C. Minutes, }i.B. Planning Commission August 3, 1982 Page 4 Their major objection was to the possibility that the proposed project was to be a 24-hour operation. Chairman Porter reminded the audience that the subject -request was only dealing with the zone change and not with the actual project. The applicant, Mr. Lindsay, stated the reasons the Shell Oil Company wished to moddrnize the service station and confirmed that a 24-hour operation was planned. Among those reasons was the fact that it is becoming necessary to have bullet-proof cages for their operators. The public hearing was closed. Commissioner Livengood located a section in the code which states that one of the requirements for a service station location is that is be only permitted at corners of major arterial streets. Secretary Palin agreed that this did not meet the locational criteria. ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR ZONE CHANGE NO. 82-6 WAS DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. The proposed zone change is not in compliance with Section 9481.1 of the Huntington Beach Ordinance Code, Locational Criteria, which requires service stations to be located at the intersectiorlllo'1, of major and primary arterial highways. Heil Avenue is a secon- dary arterial. 2. The proposed zone change is not compatible with the existing surrounding land uses, residential to the north. AYES: Higgins,, Livengood, Winchell, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Paone ABSTAIN: None It was not necessary to take action on the negative declaration in light of the denial of the zone change request. ZONE CHANGE NO. 82-7/NEGATIVE DECLARATION NO. 82-18 Applicant: D. Lindsay, Shell Oil Company A request to add the "service station suffix" to the existing C2 Di.s.trict at an existing service station located on the southwest corner of I3olsa Chica Street and Edinger Avenue. The public hearing was opened. Decosta Lindsay, the applicant, spoke in favor of granting the subject request. The public hearing was closed. Commissioner Livengood asked if the operator of the service station in question was in favor of the request. Mr. Lindsay replied that -4- 8-3-82 - P.C. Minutes, H.B. Planning Commission August 3, 1112 Wage 5 the operator was in agreement with the company. ON MOTION BY LIVENGOOD AND SECOND BY SCHUMACHER NEGATIVE DECLARATION NO. 82-18 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Higgins, Livengood, Winchell; Porter, Schumacher, Mirjahangir NOES: None ABSENT: Paone ABSTAIN: None ON MOTION BY LIVENGOOD AND SECOND BY SCHUMACHER ZONE CHANGE NO. 82-7 WAS APPROVED AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. A change of zone from C2, Community Business District, to C2-SS, Community Business District combined with service station suffix, is consistent with the General Plan designation which is General Commercial. 2. The proposed zone change is compatible with the surrounding land uses which are generally commercial. AYES: Higgins, Livengood, Winchell, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Paone ABSTAIN: None ZONE CHANGE NO. 82-10/NEGATIVE DECLARATION NO. 82-23 Initiated by the City of Huntington Beach A zone change request initiated by the Department of Development Services to rezone approximately 1.2 acres of property owned by the City, located at the southeast corner of Banning Avenue and Magnolia Street from MI -A (Restricted Manufacturing District) to Rl (Low Density Residential District). The public hearing was opened. Robert Overby, speaking *on behalf of several near -by residents, asked several questions to clarify the meaning of the staff report for the residents. The public hearing was closed. Staff, in their report, recommended that the Commission table both I. items until the land use amendment process has been completed. ON MOTION BY SCHUMACHER AND SECOND BY LIVENGOOD NEGATIVE DECLARATION NO. 82-23 AND ZONE CHANGE NO. 82-10 WERE TABLED; STAFF WAS DIRECTED TO INITIATE A LAND USE AMENDMENT ON THE PROPERTY TO LOW DENSITY RESIDENTIAL, BY THE FOLLOWING VOTE: -5- 8-3-82 - P.C. Minutes, H.B. Planning Commission August 3, 1982 Page 6 AYES: Higgins, Livengood, Winchell, Porter, Schumacher, NOES: None ABSENT: Paone ABSTAIN: None CONDITIONAL USE PERMIT NO. 82-20 Applicant: Barry/Joanne Briggs Mirjahangir A request to permit the establishment of a health club facility in an existing shopping center located on the northeast corner of Beach Boulevard and Adams Avenue (Newland Center). The public hearing was opened. No one came forward to speak either for or against the application. The public hearing was closed. ON MOTION BY LIVENGOOD AND SECOND BY HIGGINS CONDITIONAL USE PERMIT NO. 82-20 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed health club facility to be located in an existing shopping center, is a compatible use with the existing and future tenants located adjacent to the proposed facility. 2. The proposed health club facility substantially complies with all zoning regulations set forth under the C2, Community Busi- ness District. CONDITIONS OF APPROVAL: 1. The site plan received and dated July 16, 1982, shall be the approved site plan. 2. Any sound system used in the facility shall be controlled to a noise level that will not exceed 55 D.B.A. at adjacent suites or 60 D.B.A. beyond the exterior walls of the subject facility. If any complaints are received by the Department of Development Services regarding noise emanating from the proposed facility, a noise study will be conducted at the applicant's expense to determine whether or not the noise standards are exceeded. 3. The proposed use shall. comply with all Building and Fire De- partment regulations. 4. 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. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. -6- 8-3-82 - P.C. Minutes, H.B. Planning Commission August 3, 1982 Page 7 AYES: Biggins, Livengood, Winchell, Porter, Mirjahangir NOES: None ABSENT: Schumacher, Paone ABSTAIN: None SPECIAL SIGN PERMIT NO. 82-4 Applicant: Ad -Art Electrical Products Corporation A request to permit the installation of a double faced illuminated sign at a height of 50 feet in lieu of the 25 foot maximum allowed height identifying a restaurant in the North Huntington Center Specific Plan area. The public hearing was opened. Lorne Corbett and Gordon Rose spoke in favor of granting the request. The public hearing was closed. Art Folger from the City Attorney's office stated that in Section 5403 there is a reference made to certain colors that would conflict with the colors of traffic signals. The artist's conception of the proposed sign was red, and this was one of the colors considered a safety problem. The applicant stated that this could be changed to a different color. Secretary Palin mentioned that there were plans to build a three- story parking structure which could possibly obstruct freeway ex- posure of the proposed sign. There was some discussion by the Com- mission regarding the sign ordinance, especially pertaining to the question of freeway exposure. The concensus of the Commission was that if the sign permit were given, other restaurants would be asking for similar signs and this would possibly set a precedence. Some discussion also insued regarding the original planned sign program for the center. Commissioner Mirjahangir suggested a continuance to consider a new planned sign program. ON MOTION BY WINCHELL AND SECOND BY LIVENGOOD SPECIAL SIGN PERMIT NO. 82-4 WAS DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. The lack of attracting freeway traffic patronage does not jus- tify that a substantial economic hardship will occur at this commercial site and area. Therefore, strict compliance with the Ordinance Code will not result in a substantial economic hardship. 2. There is no exceptional or extraordinary circumstance that does not apply generally to other properties in the same zoning or general plan classification. Furthermore, approval of this sign -7- 8-3-82 - P.C. Minutes, H.B. Planning Commission August 3, 1982 Page 8 will, encourage other businesses in the center and the surrounding vicinity to request the same type of signing. 3. The granting of this request will constitute the granting of special privilege. AYES: Livengood, NOES: Schumacher, ABSENT: Paone ABSTAIN: None Porter, Winchell, Higgins Mirjahangir Subsequent to the vote, some discussion took place regarding the obstruction of trees and shrubs along the San Diego Freeway and the possibility of discussing this with CalTrans. DISCUSSION ITEMS: City Council Action of August 2, 1982 Secretary Palin informed the Commission of the action taken by City Council at their meeting of August 2, 1982. Among the items dis- cussed was the adoption of the 1981 National Electrical Code. DEVELOPMENT SERVICES ITEMS:. Announcements Mr. Bellavia informed the Commission of two upcoming events: the redevelopment tour from August 26 to August 28, and the Annual A.P.A. Conference from September 19 to September 22, 1982. COMMISSION ITEMS: Discussion took place on the previously denied zone change (Zone Change No. 82-6). It was discovered that there is a provision which states that if modernization occurs locational criteria can be exempted. ON MOTION BY LIVENGOOD AND SECOND BY SCHUMACHER STAFF WAS DIRECTED TO WRITB A LETTER TO THOSE, PERSONS WHO WERE ORIGINALLY NOTIFIED OF THE PUBLIC HEARING EXPLAINING THE DENIAL OF ZONE CHANGL NO. 82-6 AND NOTIFYING THEM OF THE ADMINISTRATIVE REVIEW APPLICATION WHICH WILL BE FILED WITH THE BOARD OF ZONING ADJUSTMENTS, BY THE FOLLOW- ING VOTE: AYES: Higgins, Livengood, Winchell, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Paone ABSTAIN: None -8- 8-3-82 - P.C. Minutes, II.B. Planning Commission August 3, 1982 Page 9 ON MOTION BY PORTER AND SECOND BY WINCHELL STAFF WAS FURTHER DIRECTED TO PREPARE A CODE AMENDMENT REMOVING THE "SS" (SERVICE STATION) SUFFIX FROM THE CODE, BY THE FOLLOWING VOTE: AYES:. Higgins, Livengood, Winchell, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Paone ABSTAIN: None Commissioner Livengood inquired about the mobile home conversion ordinance. Secretary Palin informed the Commission that the City Council deferred their study session on this issue to some time in mid -September. Commissioner Schumacher asked staff to investigate a Corona con- struction site in the downtown area in reference to complaints she has received from residents in that area. Commission also directed staff to research the previous minutes to locate a motion that was passed relating to time limits on new public hearings; to bring back to the next meeting for discussion and possible revision. ADJOURNMENT: There being no further business before the Planning Commission, Chairman Porter adjourned the meeting at 9:36 PM to the next regular meeting of August 17, 1982. Marcus Porter, Chai n Pro-Tem -9- 8- -82 - P.C.