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HomeMy WebLinkAbout1984-02-07APPROVED ON 2-22-84 MINUTES HUNTINGTON BEACH PLANNING COMMISSION Council Chambers - Civic Center 2000 Main Street Huntington Beach, Calife-ni. TUESDAY, FEBRUARY 7, 1984 - 7:00 PM COMMISSIONERS PRESENT: Winchell, Livengood, Porter, Schumacher, Mirjahangir COMMISSIONERS ABSENT: Higgins, Erskine COMMISSION ITEM: Appointment of Representative to Ascon Task Force At the January 16, 1984 City.Council meeting, an Ascon Task Force was created. The City Council requested that a member of the Planning Commission be selected to serve on the committee. Commissioner Mirjahangir volunteered to be the representative of the Planning Commission, to the Ascon Task Force. CONSENT CALENDAR: ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR, THE CONSENT CALENDAR, CONSISTING OF THE MINUTES OF THE REGULAR MEETINGS OF JANUARY 4 AND 17, 1984, WAS APPROVED AS FOLLOWS: ITEM A-1: AYES: Winchell, Livengood, Porter, Mirjahangir NOES: None ABSENT: Higgins, Erskine ABSTAIN: Schumacher ITEM A-2: AYES: Winchell, Livengood, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Higgins, Erskine ABSTAIN: None REGULAR AGENDA ITEMS: Commissioner Mirjahangir requested that Item C-5 on the agenda be removed. Commissioner Livengood requested that this item be dealt with first on the agenda. USE PERMIT NO. 83-70/CONDITIONAL EXCEPTION NO. 83-68 (Referred by BZA) Applicant: Frank Mirjahangir A request for a use permit for a building to exceed 30 feet in height and a request for a conditional exception for a five foot side ya.d setback in lieu of a ten,foot setback for the proposed structure, over 30 feet in height, located at 4071 Figaro Circle. The applicant requested a withdrawl of the two applications. The chairman askcd ii there were any persons present who wished to address this issue. Mr. Fancyfeel (a resident in the area) requested that if the item was again before the Commission, that the street address be shown on the legal notice. He felt that many more people would have been at the meeting if they knew the adtual address of the property. ON MOTION BY LIVENGOOD AND SECOND BY SCHUMACHER THE APPLICANT`S REQUEST FOR WITHDRAWL WAS ACCEPTED FOR USE PERMIT NO. 83-70 AND CONDITIONAL EXCEPTION NO. 83-68, BY THE FOLLOWING VOTE: AYES: Winchell, Livengood, Porter, Schumacher NOES: None ABSENT: Higgins, Erskine ABSTAIN: Mirjahangir Staff was further directed in the above motion, to show the street address for any future applications on this property. SPECIAL SIGN PERMIT NO. 83-6 (Continued from 1-17-84) Applicant: Cox Neon Corporation A request to permit a 17 square foot wall sign in an existing shopping center located'at 19640 Beach Boulevard (Newland Center). Mike Adams gave the staff presentation. He said that the applicant requested the sign ("Liquor") to balance out the sign which states "Pharmacy" on the left face of the building. He informed the Commission of an error in the staff report, that total sign area is 354 rather than 337 square feet. Staff recommended denial. The public hearing was opened. Jim Felix, representing the applicant, stated that his client requested the sign for reasons of competition. He felt it would balance the existing sign on the left; he requested approval. The public hearing was closed. Commissioner Livengood stated that he favored approval based on the quality of the design which minimizes visual impact of the sign; that through the public hearing process no one has come forward with objection; and that the proposed sign is not neon or garrish. Mike Adams pointed out that the applicant has come back three times to amend the original planned sign program and that in each case they have -2- 2-7-84 - P.C. expanded the sign area. Commissioner Schumacher said she felt that it would appear that the applicant was getting special treatment if the sign was approved. ON MOTION BY SCHUMACHER AND SECOND BY WINCHELL SPECIAL SIGN PERMIT NO. 83-6 WAS DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. The granting of a special sign permit for the subject property will constitute the granting of a special privilege. Signing for the business currently exceeds code. The ordinance code permits a maximum of 200 square feet per wall. Approval of this request would increase the total wall sign area to 354 sgLare feet. 2. The applicant has not damorstrated that strict compliance with the ordinance code will result in a substantial hardship. Identification of this type can be accomplished by removing one of the existing signs and replacing the sign with a new advertising sign.. AYES: Winchell, Porter, Schumacher, Mirjahangir NOES: Livengood ABSENT: Higgins, Erskine ABSTAIN: None ZONE CHANGE NO. 84-1 Initiated by City of Huntington Beach A request to change zoning from Al (Agricultural District) and Rl (Single Family Residential) to (Q)R5, Qualified Office Professional on 10.13 acres of property located on the west side of Magnolia Street, approximately 500 feet north of Warner Avenue. Mike Adams gave the staff presentation. Staff recommends the following conditions remain on the site: (a) A fifty -foot building setback from the ultimate right-of-way of Magnolia Street, and any of the adjacent residentially -zoned property, is hereby established on the subject property. (b) No access to or from the site shall be taken from the R1, "Single family Residential District," located to the west of the subject property. (c) A reciprocal easement shall be required on Magnolia Street for the driveway approach, located between the subject property and the commercially -developed property to the south. This easement shall be recorded with the County of Orange prior to issuance of building permits on the proposed development. (d) Permitted uses shall be limited to those uses contained in Article 940, R5, "Office Professional District". No medical -3- 2-7-84 - P.C. offices shall be permitted without adequate parking, and retail commercial uses shall be prohibited. (e) A conditional use permit application shall be submitted to and approved by the Planning Commission for the entire project prior to the issuance of building permits. The public hearing was opened. Seeing there was no one whc wished to address the Commission on this item, the public hearing was closed. ON MOTION'BY LIVENGOOD AND SECOND BY WINCHELL ZONE CHANGE NO. 84-1 WAS APPROVED WITH THE FOLLOWING FINDING, AND RECOMMENDED FOR ADOPTION BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: FINDING FOR APPROVAL: 1. The rezoning of this property from Al and R1 to (Q)R5 will bring the subject property into conformance with the City's adopted Land Use Element of the General Plan which designates the area as General Commercial. AYES: Winchell, Livengood, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Higgins, Erskine ABSTAIN: None ZONE CHANGE NO. 84-3 Initiated by City of Huntington Beach A request for change of zoning from R3 (Medium High Density Residential) to R3-20 (Medium High Density Residential, 20 units per acre) located in the Oakview Redevelopment Area, north of Slater Avenue, east of Nichols Street. Mike Adams gave the staff presentation. He said that the City Council was concerned that approval of.Land Use Element Amendment No. 83-3 would permit higher densities to occur in the Oakview Area than presently exists. Some discussion took place regarding the design and financing of the Koledo Lane Project, currently underway in the Oakview area. Secretary Palin stated that the proposed zone change would bring the area into consistency. The public hearing was opened. Seeing there was no one who wished to address this item, the public hearing was closed. Lengthy discussion took place regarding the possibility of developers requesting density bonuses in this area. Secretary Palin stated that there was nothing in the proposed ordinance to prevent that, however, he explained that the Commission did not.have to grant these requests that deviate from the code. Commissioner Schumacher suggested that wording to the effect of ". . . including density bonus for housing, shall not exceed 20 units per acre". She suggested R3-16, instead of R3-20. Staff objected to this proposal due to the present density of existing structures in the light of an'event like a fire where the -4- 2-7-84 - P.C. structures would have to be rebuilt. Commissioner Livengood stated that he did not believe affordability could be eliminated. Chairman Porter stated that he believed that this area would probably be populated with low to moderate income families and recognized the concern by the City Council to limit densities in this area. Commission consensus was to include in the ordinance R3-16 zoning with a maximum allowance of up to 20 units per acre with a densi'y bonus. ON MOTION BY LIVENGOOD AND SECOND BY SCHUMACHER ZONE CHANGE NO. 84-3 WAS APPROVED WITH R3-16, MAXIMUM ALLOWANCE OF UP TO 20 UNITS PER ACRE WITH DENSITY BONUS, AND RECOMMENDED TO THE CITY COUNCIL FOR ADOPTION BY THE FOLLOWING VOTE: AYES: Winchell, Livengood, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Higgins, Erskine ABSTAIN: None USE PERMIT NO. 63-73 (Referred by BZA) Applicant: Donald M. Perry A request to permit an addition to a single family dwelling in the Downtown Specific Plan District 4 area, at 313 Second Street. Mr. Adams stated that this district was intended to be mixed use, that residential uses are permitted provided that they constitute not more than 2/3 of the gross square footage of new development. It was pointed out, however, that the proposed plans would have been permitted under.the previous zoning of Old Town Specific Plan. The public hearing -was opened. The applicant, Donald Perry, addressed the Commission requesting approval of his plans. He said his intent was to make better use of his property. He said he would agree to the general architectural theme of the Downtown Specific Plan (architectural design). He reminded the Commissioners that he addressed them during discussion of the proposed specific plan and at that time stated his intentions to add on to his structure. His first plans were submitted in December of 1983. He agreed to work with staff to bring his plans into compliance with the Specific Plan. The public hearing was closed. Discussion -ensued regarding the interpretation of District 4, Downtown Specific Plan. Commissioner Schumacher stated that you cannot overlook the fact that we are not bulldozing all of the Downtown area and she would hate to deny someone the use of their residence. Commissioner Mirjahangir agreed with the applicant, he said the Commission should be receptive to his request. Mr. Adams pointed out that there was some concern that if the residence were sold the addition could be used as a rental unit. Commissioner Livengood stated that he believed the granting of this application could set the trend in this district which he thought would be moving in the wrong direction. He agreed with the intent of the Specific Plan that this was a prime transition area. Secretary Palin suggested the possibility of working with the applicant to show part of his addition as an office which would then comply with the code. Art De La Loza stated that if all we are doing is "playing a -5- 2-7-84 - P.C. label game", with no physical difference in appearance, then the change could be reflected in the conditions of approval. Commissioner Mirjahangir suggested that the applicant should work with staff to modify his plans and for this reason, suggested a continuance to the next meeting with the concurrence of the applicant. Mr. Perry agreed, however, requested that it be continued to the first meeting in March. Chairman Porter commented that if residential expansion approvals are continued to be granted there has to be a point in time whe.� the approvals -stop to achieve the purpose of the Downtown Specific Plan, District 4. ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR USE PERMIT NO. 83-73 WAS CONTINUED TO THE MARCH 6, 1984 MEETING WITH CONCURRENCE OF THE APPLICANT. STAFF WAS DIRECTED TO COME BACK WITH SUGGESTED CUNDI`.'ION1 OF APPROVAL PLUS ALTERNATE FINDINGS FOR DENIAL AS BROUGHT UP AT THE MEETING. THIS MOTION PASSED BY THE FOLLOWING VOTE: AYES: Winchell, Livengood, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Higgins, Erskine ABSTAIN: None CONDITIONAL USE PERMIT NO. 83-35 Applicant: Garfields Night Spot, Inc. A*request to permit the establishment of a video disco club within an existing building located at the southeast corner of Magnolia Street and Garfield Avenue. Staff presentation was made explaining the history of this property. Under a different entitlement, "Sun Disco" received few complaints from neighbors while in operation. Some discussion took place regarding an occupancy level. The public hearing was opened. Seeing there was no one who wished to address the Commission on this item, the public hearing was closed. Chairman Porter suggested that the rear door should have an audible alarm system with "panic hardware". ON MOTION BY LIVENGOOD AND SECOND BY MIRJAHANGIR CONDITIONAL USE PERMIT NO. 83-35 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed use is in conformance with the City's General Plan. 2. The proposed facility will not adversely affect surrounding land uses as well as businesses within the existing shopping center because the proposed facility is adequately insulated and on -site parking is sufficient for a land use of this type. CONDITIONS OF APPROVAL: 1. The site plan and floor plan received and dated -6- 2-7-84 - P.C. 1 December 23, 1983, shall be the approved layout. 2. The proposed video disco club shall comply with applicable requirements contained within Chapter 8.40, Noise Control of the Municipal Code. 3. The hours of operation for the proposed video disc(, club shall be from 11:00 A.M. until 2:00 A.M., seven days per w ek. 4. Prior to occupancy of the video disco club, an Entertainment Permit shall be approved by the City of Huntington Beach. 5. The rear door shall be used as an emergency exit only, and not as a main entryway into the facility. In addition, the building shall be equipped with an audible alarm and panic hardware. 6. Private security for the facility shall be provided nightly at the applicant's expense. 7. The proposed facility shall comply with all applicable fire and building codes prior to occupancy of the pro,,,Lred facility. 8. Prior to the issuance of a certificate of occupancy, written permission shall be obtained from the Chief of Police permitting a dance or dancing on the subject property. A copy of said approval shall be submitted to the Department of Development Services prior to issuance of a certificate of occupancy. AYES: Winchell, Livengood, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Higgins, Erskine ABSTAIN: None ITEMS NOT FOR PUBLIC HEARING: SITE PLAN AMENDMENT NO. 84-01 Applicant: Eric Mossman A request to expand an existing tennis club facility located on the east side of Gothard Street, approximately 1,100 feet south of Talbert Avenue, by constructing a 232 square foot entry lobby and a three lane swimming pool. Chairman Porter asked staff if there would be any swimming competitions held at the proposed site that would impact parking. Staff stated that the pool was intended for club members only and that as far as -staff was concerned, parking was adequate on the site. ON MOTION BY WINCHELL AND SECOND BY PORTER SITE PLAN AMENDMENT (TO C.U.P. 75-231 NO, 84-01 WAS APPROVED AS REQUESTED BY THE APPLICANT, WITH THE FOLLOWING CONDITION, BY THE FOLLOWING VOTE: -7- 2-7-84 - P.C. CONDITION OF APPROVAL: 1. The site plan and floor plans received and dated January 25, 1984, shall be the approved layout. AYES: Winchell, Livengood, Porter, Mirjahangir NOES: None ABSENT: Higgins, Erskine, Schumacher, ABSTAIN: None DISCUSSION ITEMS: Nonconforming Uses in the Downtown Specific Plan Staff recommends that nonconforming buildings and uses within the Downtown Specific Plan area be subject to all provisions of Article y71 in order to establish consistency throughout the community. Chairman Porter suggested that staff come back with a resolution; Commissioner Livengood opted for something more legally binding. Glen Godfrey suggested that the Commission adopt by resolution a policy document interpreting the Downtown Specific Plan. Legal cou..::-t agreed and recommended that it be in the form of an administrative regulation similar to those enacted by the City Council; regulation to be followed as policy. ON MOTION BY LIVENGOOD AND SECOND BY PORTER STAFF WAS DIRECTED TO DRAFT AN ADMINISTRATIVE REGULATION REGARDING INTERPRETATION OF NONCONFORMING USES IN THE DOWNTOWN SPECIFIC PLAN AREA, BY THE FOLLOWING VOTE: AYES: Winchell, Livengood, Porter, Schumacher, Mirjahangir NOES: None ABSENT: Higgins, Erskine* ABSTAIN: None PENDING ITEMS: A staff report was distributed to the Commission listing the status of all pending items. Some discussion took place regarding the "Non-alcoholic Dance Club" ordinance recently passed by the City Council. PLANNING COMMISSION ITEMS: Building Heights Definition - Oral Report by Commissioner Mirjahangir Commissioner Mirjahangir addressed the rest of the Commission on his proposal to clarify the definition of building heights. He withdrew his applications for variances, pointing out that the definition under the Uniform Building Code and the Ordinance Code varied. He said his plans were designed for screening of rooftop mechanical devices and not for habitable area. He said he would be willing to identify areas in the City where building heights were exceeded. Secretary Palin responded that perhaps there could have been errors made in issuances -8- 2-7-84 - P.C. of building permits. Commissioner Livengood commented that he felt comfortable with the definition in the code as it now exists. No action was taken. Other Planning Commission Items: Commissioner Livengood directed staff to make specific chaties to the list of committees and subcommittees, where applicable. He also suggested that a liaison from the Commission be appointed to the Environmental Board. Chairman Porter asked staff about a prior Night Spot with regards to the applicant's satellite dish on the roof. Staff assured for a satellite dish would be reviewed and the issuance of permits. DEVELOPMENT SERVICES ITEMS: approval of the Garfield request to install a the Chairman that any plan, - screening provided before. Secretary Palin went over the highlights of the City Council meeting of February 6, 1984. He said that the City Council modified the Commission's designation of "bird sanctuary" for the piece of City -owned property at the corner of Magnolia and Banning Avenue. They designated the area to remain in its present natural condition. He also informed them of action taken on Zone Change No. 80-13, a signal in the vicinity of Clay and Goldenwest, and talks with OCTD regarding bus routes along Clay Avenue. ADJOURNMENT: The Chairman adjourned the meeting at 9:30 P.M. to a 5:30 P.M. Study Session on the Draft Condominium Conversion Ordinance in Room B-8, on February 22, 1984. � d s W. Pa in, Secretary Marcus M. Porter, Chas n jlm 0322d -9- 2-7-84 - P.C.