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HomeMy WebLinkAbout1983-05-03Approved May 17, 1983 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers 2000 Main Street Huntington Beach, TUESDAY, MAY 3, 1983 - 7:00 PM - Civic Center California COMMISSIONERS PRESENT: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir PRESENTATION TO TIM PAONE: Chairman Porter presented a resolution (No. 1302) to former chairman, Tim Paone, in appreciation of his service to the Planning Commission. Mr. Paone gave a brief acceptance speech. CONSENT CALENDAR: Commissioner Schumacher requested a change in the minutes in the dis- cussion which took place regarding Land Use Element Amendment No. 83-1 regarding a street along Terry Park. Correction was so noted. ON MOTION BY WINCHELL AND SECOND BY SCHUMACHER THE CONSENT CALENDAR CONSISTING OF THE MINUTES OF THE REGULAR MEETING OF APRIL 19, 1983, AS CORRECTED, WAS APPROVED,BY THE -FOLLOWING VOTE: AYES: Higgins, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: Livengood COMMISSION ITEMS: Commissioner Schumacher suggested that a committee be set up to meet with staff and discuss the "Request for Council Action" transmittals that go to the City Council. Commissioner Livengood supported the sug- gestion but preferred to discuss it after the public hearings. The Chairman agreed and called for the first public hearing item. REGULAR AGENDA ITEMS: CONDITIONAL USE PERMIT NO. 83-9/TENTATIVE TRACT NO. 11955 (Continued from 4-19-83) Initiated by City of Huntington Beach -Redevelopment Agency A request to develop a planned residential development of 96 condominiums and a 220 unit apartment complex for senior citizens on property generally located on the south side of Talbert, west of Beach Boulevard. The H.B. Planning Commission May 3, 1983 Page 2 revisions made during the last two weeks have further delayed the com- pletion of a final site plan and elevations for the Commission's re- view; therefore, staff is recommending that this project be continued for an additional two weeks. Mr. Bellavia stated that in addition to what was stated in the staff report the Lyon Company also requested additional changes which will require more time. Commissioner Schumacher inquired about the original plan on this property with regard to the number of units. Mr. Bellavia stated that the number of units has not been changed from the original plan. The Chairman reopened the public hearing. No one came forward to ad- dress this item. The Chairman continued the public hearing. ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR CONDITIONAL USE PER- MIT 83-9 AND TENTATIVE TRACT 11955 WERE CONTINUED TO THE NEXT MEETING OF MAY 17, 1983, BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None CONDITIONAL USE PERMIT NO. 83-8 (Continued from 4-19-83) Applicant: :Thrifty Oil Company A request to permit the conversion of an existing service station into a convenience market combined with gasoline sales at property located at the northwest corner of Beach Boulevard and Adams Avenue. Mike Strange gave -a presentation on the project. Some discussion took place regarding the proposal by staff as it per- tains to construction of a new driveway and removal of two existing drives on Adams Ave. Mr. Strange stated that staff was concerned that the westerly drive would impair the proposed parking layout and also create a problem with vehicles backing out of the spaces. The public hearing was opened. Al Johnson, Construction Coordinator for Thrifty Oil Company, spoke on behalf of the plans submitted by the applicant. He stated that due to competition in the field, the business needed to keep up with the trend in the industry which was moving in the direction of combined convenience market and gasoline sales. He felt that the majority of the customers that would use the proposed convenience market would be the same people who come to the station to purchase gasoline. He stated that the applicant has a problem with th6 condition regarding the driveway. He felt that the existing drive situation was better than what staff is proposing. He further stated that he felt that the freestanding pole sign should enjoy further benefit from the 1981 BZA approval. The public hearing" was closed. H.B. Planning Commission May 3, 1983 Page 3 Commissioner Livengood asked staff if the applicant's plan met with the code requirement relating to "back-up space". Mr. Strange stated that although it did meet with the code requirements, the staff felt it was not the safest situation. He further stated that staff's plan was a safer plan. Mr. Palin stated that although the -applicant's plan meets the code relating to parking, it does lack sufficient screen- ing in the landscaping requirements. Commissioner Erskine agreed with the applicant regarding the merit of two driveways so that people will exit out one and enter in the other. There was also some discussion which took place regarding gas islands and the width of the existing and proposed driveways. Mr. Strange stated that Public Works staff felt that the existing drive to the east was too close to the corner and that their recommendation was to remove the two driveways. Discussion then took place regarding the signs. Commissioners asked what the code required as far as height of the sign. Mr. Strange said the code requires 10 feet. Commissioner Livengood stated he agreed with the staff's recommendation regarding the driveways; however, he did not agree about the freestanding sign. He felt that since the sign (at the present height) was approved by the BZA two years ago that additional time should be granted to bring the sign up to code. A MOTION WAS MADE BY LIVENGOOD AND SECONDED BY ERSKINE FOR PURPOSES OF DISCUSSION, FOR APPROVAL OF CONDITIONAL USE PERMIT NO. 83-8. Commissioner Livengood's motion was to approve the CUP with the findings and conditions as outlined in the staff report, revising Con- dition #2 with wording giving the applicant two years of grace to get their sign up to code. Commissioner Erskine seconded the motion for discussion purposes; he asked Mr. Livengood to clarify his reason for the revision. Mr. Livengood stated his intent was as a cost savings to the applicant. Chairman Porter then asked the applicant what his initial cost of the sign was. The applicant -stated, "over $6,000". The Chairman quoted from the amortization schedule in the code regard- ing the replacement value "is in 36 months and each $500 increment is in 6 months up to a maximum of 60 months or 5 years". Commissioner Livengood then stated he would go with 3 years rather than 2. Com- missioner Erskine agreed with this amendment. MOTION WAS AMENDED AS ABOVE BY THE MAKER AND SECOND. Commissioner Winchell stated she would support the motion if it stipu- lated that the applicant would actually file for an Administrative Action to facilitate "the paper work" being in order. She stated her reason for this was that some conditions have not worked in the past. COMMISSIONER LIVENGOOD, THE MAKER OF THE MOTION, AGREED WITH THIS STATEMENT AND AMENDED HIS MOTION TO INCLUDE THIS STIPULATION. THE SECOND ON THE MOTION AGREED. THE MOTION WAS RESTATED FOR CLARITY TO,APPROVE CONDITIONAL USE PERMIT NO. 83-8 WITH THE FINDINGS AND H.B. Planning Commission May 3, 1983 Page 4 CONDITIONS AS OUTLINED BY STAFF WITH MODIFICATION TO CONDITION #2 DEALING WITH THE FREESTANDING SIGN, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed convenience market/gas station is compatible with surrounding land uses which are also commercial in nature. 2. The proposed convenience market, as revised by staff, substantially complies with the provisions contained within Section 9430.8.2 of the Huntington Beach Ordinance Code. CONDITIONS OF APPROVAL: 1. The applicant shall revise the site plan to conform with the con- ceptual plan prepared by staff and dated April 19, 1983, and shall incorporate the following design elements: a. Three (3) parking spaces shall be located on the northerly one-third of the property and shall be oriented toward the westerly property line. b. Five (5) parking spaces shall one-half of the property and westerly property line. be located on the southerly shall be oriented toward the C. Landscaping shall be located on the northerly property line, the southerly property line and the westerly property line as depicted on the site plan prepared by staff. d. There shall be one driveway located on the southerly property line and shall be a minimum of 35 feet in width and shall comply with standard plans on file in the Public Works Department. 2. Prior to the issuance of building permits, the applicant shall submit a request to the Planning Commission for an Administrative Action in order to allow the extended use of the existing free- standing sign for 3 years. All other signs for the convenience market/gas station shall comply with all provisions contained within Article 943. 3. A landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifica- tions on file in the Department of Public Works shall be sub- mitted for review and approval. 40, A rooftop mechanical equipment screening plan shall be submitted to the Department of Public Works for review and approval. Said plan shall indicate screening of all rooftop mechanical equipment and delineate the type of material proposed to screen said equip- ment. H.B. Planning Commission May 3, 1983 Page 5 AYES: Higgins, Winchell, Mirjahangir NOES: None ABSENT: None ABSTAIN: None ITEMS NOT FOR PUBLIC HEARING: S Livengood, Porter, Erskine, Schumacher, ADMINISTRATIVE ACTION NO. 83-1 Applicant: Sign Arts, Incorporated A request to permit the extended use of a nonconforming pole sign loc- ated at the northwest corner of Gothard Street and Murdy Circle. Florence Webb stated that a letter was received from Sign Art stating that they have power of attorney from the property owner and thus have the authority to agree to bring the nonconforming pole sign into con- formance in two years. ON MOTION BY WINCHELL AND SECOND BY MIRJAHANGIR ADMINISTRATIVE ACTION NO. 83-1 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. Prior to issuance of building permits, the applicant shall file a cash bond in the amount of $1,500.00 (dollars) with the City for the purpose of indemnifying the City of any and all costs incurred in the removal of the sign structure. If the sign is not made to conform with the applicable provisions of the sign ordi- nance after two (2) years from the date of approval, the City of Huntington Beach or its agents or employees may enter on the pro- perty where said sign is located and remove such sign, and the cost of removal shall be deducted from the cash bond and summarily forfeited and paid over to the City of Huntington Beach and the remainder, if any, returned to the person depositing the bond. 2. The site plan and elevation dated March 28, 1983, shall be the approved layout. AYES: Higgins, Livengood, Winchell, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None DISCUSSION ITEMS: Police Department Heliport Status Report Commissioner Livengood stated that his main concern on this was the timing of the project. Jim Barnes stated that' the length of the re- view period is regulated by state and federal agencies and that in this case it will take approximately up to six months to complete. H.B. Planning Commission May 3, 1983 Page 6 Screening of Restrooms Within Service Stations Chairman Porter, who had requested this report, thanked staff, stating that his questions were answered. INTRODUCTION OF COUNSEL TO PLANNING COMMISSION: Chairman Porter took this opportunity to introduce Art De La Loza, the new representative from the City Attorney's office, to the Planning Commissioners. General Telephone Parking Problem Commissioner Erskine commented that this was an excellent report. Chairman Porter cited another situation in the City at Rainbow Disposal on Nichols Street where there -might not have been sufficient employee parking required on the site. Secretary Patin said he would report back on this at the next regular meeting. Commissioner Erskine if the Communications Union was aware of the situa- tion at General Telephone. Mrs. Webb stated that the union was aware of the situation. Information on BZA Item (Use Permit No.' 83-�15) Commissioner Mirjahangir, who requested the information, was satisfied with staff's report on this item. DEVELOPMENT SERVICES 'ITEMS: Secretary Palin gave a brief report on City Council action taken at the May 2, 1983 meeting, for the Commission's information. He said that the Housing and Community Development budget was approved by Council. The code amendment on Seabridge was adopted, sustaining the Commission's approval; also adopted was the code amendment dealing with the public right-of-way. He said there was an item referred to the Planning Com- mission for its recommendation that the Housing Committee had worked on. Under new business, the attorney for Norbert Dall requested a reconsideration of the condominium conversion request at Warner Avenue and Edwards Street. This request for reconsideration was denied by the City Council. Secretary Patin then suggested that the meeting be recessed to the scheduled study session to allow the consultant to give his presentation on the Downtown Plan and then return for discussion on Commissioner Schumacher's item regarding transmittals to the City Council. The Chairman denied this suggestion and continued the meet- ing. PLANNING COMMISSION ITEMS: Discussion returned to the item brought up by Commissioner Schumacher regarding the Request for Council Action, or transmittal, sent up to the City Council from the planning staff. Mr. Livengood commented that basically he supported Ms. Schumacher's statement. He cited the Sea - bridge project which was transmitted to the City Council at its last 1 M H.B. Planning Commission May 3, 1983 Page 7 meeting with regard to the amendment to the Specific Plan and agreed that when staff opposes a position taken by the Planning Commission the Commission should be able to review the packet that goes to the City Council. He stated further that a verbal presentation of the Commis- sion's position,at least in the subject instance, "lacks something." Commissioner Schumacher pointed out that the RCA which went to the City Council on Code Amendment 83-4 (the amendment to the Seabridge Specific Plan) had expanded lettering Sections A through D to include a fifth lettered Section E. Staff explained that, based on the Planning Com- mission's recommendation, it had been necessary to add Section E for clarity in stating the Commission's motion action. Mrs. Schumacher requested a legal opinion from the City Attorney's office on whether an entire specific plan amendment would go to the City Council, or if only the Planning Commission's recommended amendments to the plan would be forwarded to Council. Chairman Porter and Commissioner Winchell agreed that clarification is needed as to what the law states regarding what is supposed to go to the City Council. A MOTION WAS MADE BY WINCHELL AND SECONDED BY LI'VENGOOD THAT STAFF IS DIRECTED TO SUBMIT TO THE CHAIRMAN FOR HIS REVIEW A COPY OF REQUESTS FOR COUNCIL ACTION IN WHICH THE COMMISSION AND THE STAFF HAVE DIFFERENT RECOMMENDATIONS AND, FURTHER, IN THE EVENT THERE IS A MINORITY OPINION FROM THE COMMISSION A COPY OF THE REQUEST FOR COUNCIL ACTION IS TO BE SENT TO A MEMBER OF THE MINORITY GROUP FOR REVIEW. THE CHAIRMAN AND THE MINORITY COMMISSIONER NEED TO RESPOND TO THE RCA BY AN ESTABLISHED DEADLINE IN ORDER TO HAVE THEIR CONCERNS EXPRESSED IN THE COUNCIL PACK- ETS; IF THE DEADLINE IS NOT MET, STAFF IS RELIEVED OF FURTHER RESPON- SIBILITY. MOTION PASSED BY THE FOLLOWING VOTE: AYES: Higgins, Winchell, Livengood, Porter, Erskine, Schumacher, Mirjahangir NOES: None ABSENT: None ABSTAIN: None Discussion took place regarding the feasibility of developing senior citizen housing behind the Newland Center. Chairman Porter commented that if the park behind the center was not acquired by federal funding it might be possible to consider it for senior citizen units. The Com- mission requested that staff report back on the feasibility of develop- ing senior housing on the site, along with maps and aerial photographs of the site. There was no further business for the regular meeting, and the Chair- man adjourned the meeting at 8:30 p.m. to the scheduled study session to discuss the following items: The Downtown consultant's report, a draft windmill ordinance, and a draft parking ordinance. Marcus M. Porter, a rman