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HomeMy WebLinkAbout1988-05-17APPROVED 6/7/88 [1 MINUTES HUNTINGTON BEACH PLANNING COMMISSION MAY 17. 1988 - 7:00 PM Council Chambers 2000 Main Street Huntington Beach, PLEDGE OF ALLEGIANCE - Civic Center California P P P P P ROLL CALL: Slates, Livengood, Silva, Leipzig, Ortega A P Higgins, Bourguignon A. CONSENT CALENDAR: None B. ORAL COMMUNICATIONS None C. PUBLIC HEARING ITEMS C-1 CONDITIONAL USE PERMIT NO. 88-11 (CONTINUED FROM MAY 3, 1988 PLANNING COMMISSION MEETING) APPLICANT: AHMAD MOZAFFARI AND LISA GARRETT Conditional Use Permit No. 88-11, a public hearing continued from May 3, 1968, is a request to operate a convenience market with beer and wine sales in an existing commercial center approximately 200 feet northeast of the corner of Beach Boulevard and Slater Avenue. In response to the concerns expressed by the Planning Commission at the May 3, 1988 meeting staff has requested further information regarding police activity and complaints for the convenience market and center it is located in; currently working with both property owners for possible trash enclosure installations; imposing additional conditions in order to mitigate and/or improve existing conditions in Sterling Center relative to outdoor lighting, trash bins, and phone booths. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 88-11 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED J. Scott Fawcett, 8739 Hudson River Circle, owner/landlord of center, stated that extensive outdoor lighting is currently being added to the center and would be the extent of improvements planned for the present time due to financial reasons. He stated that he feels the existing bar is the main cause of problems in the center and that the applicant should not be penalized. He further stated that if he could break the lease with the bar he would and therefore feels that concerns and problems would be alleviated. Ahmad Mozaffari, applicant, objected to Condition No. 14 regarding video games. He stated that the two video games in his store did not present any problems and that their use was carefully monitored. There were no other persons present to speak for or against the request and the public hearing was closed. The Commission felt that the outdoor lighting being installed by the owner would help to reduce vandalism in the center and that a one year review of the use should be added to the conditions of approval. A MOTION WAS MADE BY SILVA, SECOND BY BOURGUIGNON, TO APPROVE CONDITIONAL USE PERMIT NO. 88-11 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Slates, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: Livengood MOTION PASSED FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the convenience market with beer and wine sales with the conditions imposed and will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. PC Minutes - 5/17/88 -2- (0682d) I 2. The proposal for a convenience market with beer and wine sales is consistent with the goals and objectives of the City's General Plan and Land Use designation of General Commercial. 3. The access to and parking for the proposed convenience market is adequate and will not create an undue traffic problem. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated April 14, 1988, shall be the approved layout. 2. If the applicant chooses to expand liquor sales to general off sale, in the future, that request shall be reviewed by the Planning Commission for approval and/or public hearing. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. 5. A Planned Sign Program shall be established for Sterling Center. A Certificate of Occupancy will not be issued to the applicant until a Planned Sign Program has been reviewed and approved by the Community Development Department. 6. The applicant shall obtain separate permits for signage. 7. In accordance with Section 9605(c) of the Huntington Beach Ordinance Code, additional and/or improved lighting shall be added to the center including the area along the south side of the market containing the trash bins. 8. The hours of operation for the market shall be limited to between 6:00 AM to.2:00 AM. 9. The applicant shall be responsible for discouraging loitering immediately outside the market. 10. A one-year review of the use (convenience market) shall be conducted to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. If at that time, there is a violation of the conditions or code sections, this Conditional Use Permit may become null and void. At the same time the location of the phone booths will also be reviewed for possible relocation to the interior of the market or removal, possible screening of trash containers and condition of outside area lighting, will be assessed. PC Minutes - 5/17/88 -3- (0682d) 11. The Planning'Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. C-2 ZONE CHANGE NO.88-10 APPLICANT: CITY OF HUNTINGTON BEACH Zone Change No. 88-10 is a request to change the zoning from Cl-CZ (Neighborhood Commercial -Coastal Zone) to Oldtown Specific Plan, District One -Coastal Zone in order to clear up a problem with an inconsistency between the land use and the zoning designation. ENVIRONMENTAL.STATUS: The proposed project is covered under Negative Declaration No. 86-26 which was approved for the Zone Change No. 86-12, the original request to change.the zoning from commercial to residential. SPECIFIC PLAN: The proposed zoning change will place the property within the Oldtown Specific Plan -District One. STAFF RECOMMENDATION: Approve Zone Change No. 88-10 with findings and recommend adoption by the City Council. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the zone change and the public hearing was closed. A MOTION WAS MADE BY LIVENGOOD, SECOND BY ORTEGA, TO APPROVE ZONE CHANGE NO. 88-10 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Livengood, Leipzig, Oretga, Bourguignon NOES: None ABSENT: Higgins, Silva and Slates (Out of Room) ABSTAIN: None �X� FINDINGS FOR APPROVAL: 1. The proposed zone change is consistent with the City's General Plan Land Use Designation of Medium Density Residential. PC Minutes - 5/17/88 -4- (0682d) 2. The proposed zone change is compatible with the existing and expected residential land uses on the property. 3. The proposed zone change will eliminate a "spot" zoning of Commercial and bring the property's zoning in conformance with surrounding properties to the north, south and west. C-3 ADMINISTRATIVE REVIEW NO, 87-29/CONDITIONAL EXCEPTION (VARIANCE) NO. 87-68 APPLICANT: J. H. HEDRICK AND CO. Administrative Review No. 87-29 is a request to constructa 3-story 10,567 square foot medical office building on the northeast corner of Newman Avenue and Van Buren Street. Conditional Exception (Variance) No. 87-68, is a request for an exterior sideyard setback of 5 feet in lieu of 10 feet for the office building and landscape planter width adjacent to parking along Newman Avenue of 5 feet in lieu of 10 feet. Although the planter is actually on the adjacent lot, it is part of the common parking area necessary for this project to proceed. In addition, the applicant is requesting joint use of parking between the proposed medical office and a proposed church on the adjacent parcel to the east (Conditional Use Permit No. 87-17). ENVIRONMENTAL STATUS: The proposed project is covered under Negative Declaration No. 82-32 which was approved by the Planning Commission for a similar project of the same size and intensity on October 5, 1982. "I _ yam_ • _ • Approve Administrative Review No. 87-29 with findings and conditions of approval and deny Conditional Exception (Variance) No. 87-68 with findings THE PUBLIC HEARING WAS OPENED Higgins Manker, applicant, spoke in support of the request. He said reduction of the proposed building in order to provide additional day parking for the church would create financial problems for his medical office. Larry Nye, 16581 Mufinger Lane, spoke in support of the request. He stated the size of his congregation was approximately 50 and that the church would not be used during the week. Steve Hilton, 8251 Newman Avenue, addressed his concerns with parking and stated that he would like to see adequate parking provided on -site. He stated that there is already traffic problems in the area (parking, speeding automobiles, etc.). PC Minutes - 5/17/88 -5- (0682d) Jo Ann Hilton, 8251 Newman Avenue, addressed her concerns with the setbacks being proposed for the building. She stated that is a 5 foot setback was allowed, it would exaggerate the differences in' land use in the area. Ron Sears, 8271 Newman Avenue, spoke in opposition to the request. He feels that there are already too many medical offices in the immediate area. Gary Kidd, 8261 Newman Avenue, addressed his concerns with parking. He feels that the spill -over from the uses will create problems in the neighborhood. There were no other persons present to speak for or against the request and the public hearing was closed. The Commission discussed their concerns with the request which included parking, noise, traffic and setbacks. They felt that the buildings required minimum 10 foot setbacks for mature trees in the landscaping to soften the effects of the building height and that the joint use of parking would not be sufficient to accommodate both uses. They felt that at least 7 to 10 spaces would be required by the church during the week to allow custodial services and office work to be completed which would result in over -spill into the adjacent neighborhood. It was also felt that noise problems would occur due to both uses. A MOTION WAS MADE BY LIVENGOOD, SECOND BY SLATES, TO DENY ADMINISTRATIVE REVIEW NO. 87-29 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 87-68 WITH FINDINGS. The representative from the church addressed the Commission and repeated that the church would not require any parking spaces during the week. He stated that he and the applicant would be in favor of a continuance to reevaluate the parking requirements for both the church and medical offices and setbacks for the buildings. The motion to deny was withdrawn by Livengood and Slates and the Commission directed staff to reevaluate the parking requirements of both uses, setbacks and uses of both buildings. A MOTION WAS MADE BY LIVENGOOD, SECOND BY LEIPZIG, TO CONTINUE ADMINISTRATIVE REVIEW NO. 87-29 TO THE JUNE 7, 1988 PLANNING COMMISSION MEETING SO THAT ADDITIONAL REVIEW COULD BE COMPLETED, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None MOTION PASSED PC Minutes - 5/17/88 -6- (0682d) 1 A MOTION WAS MADE BY LIVENGOOD, SECOND BY SLATES, TO CONTINUE CONDITIONAL EXCEPTION (VARIANCE) NO. 87-68 TO THE JUNE 7, 1988 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None MOTION PASSED C-q CONDITIONAL USE PERMIT NO 87-17/CONDITIONAL• EXCEPTION (VARIANCE) N0. 88-19 APPLICANT: STERLING K. HANAKAHI Conditional Use Permit No. 87-17 is a request to construct a two-story 6,868 sq. ft. church facility north of Newman and east of Van Buren. Conditional Exception (Variance) No. 88-19 is a request for front building setback of five (5) feet in lieu of ten (10) feet and landscape planter width adjacent to parking, area along Newman of five (5) feet in lieu of ten (10) feet. In addition, the applicant is requesting joint use of parking between the proposed church facility and the proposed medical office building in the adjacent parcel to the west. The proposed project is covered under Negative Declaration No. 82-32 which was approved by the Planning Commission for a similar project of the same size and intensity on October 5, 1982. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 87-17 with findings and conditions of approval and deny Conditional Exception (Variance) No. 88-19 with findings. THE PUBLIC HEARING WAS OPENED Speakers from the previous item (Item C-3) were present to speak however agreed to hold their comments for a future meeting. Staff was directed to reevaluate the parking for the first and second floors of the church building and to compare parking standards with at least two other cities. PC Minutes - 5/17/88 -7- (0682d) A MOTION WAS MADE BY LIVENGOOD, SECOND BY SLATES, TO CONTINUE CONDITIONAL USE PERMIT NO. 87-17 AND CONDITIONAL EXCEPTION (VARIANCE) NO. 88-19 TO THE JUNE 7, 1988 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins, Silva (Out of Room) ABSTAIN: None MOTION PASSED D. ITEMS NOT PUBLIC HEARING None E. DISCUSSION ITEMS i j *9 0 0 UCA0.10 Alternatives to the proposed ordinance were discussed. It was agreed that the life of Vesting Tentative Map should be 3 years instead of 5 years; the life of Final Vesting Map should be 2 years; Total life of Vesting Map should be 5 years; type of reports and studies required (front load) prior to Planning Commission action; and deletion of language permitting approval of a Vesting Tentative Map which -is inconsistent with the zoning district. A MOTION WAS MADE BY SLATES, SECOND BY LIVENGOOD, TO SET CODE AMENDMENT NO.'88-1 FOR A PUBLIC HEARING ON JUNE 7, 1988, WITH STAFFS ALTERNATIVES TO THE PROPOSED ORDINANCE, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None E-2 PLANNING COMMISSION COMMITTEE LIST Chairman Leipzig stated that he was still completing the Committee List and would present it at a future meeting. Staff requested that representatives/alternates be assigned to the Design Review Board, Environmental Board and Subdivision Committee. Commissioner Bourguignon volunteered as alternate to the Design Review Board; Commissioner Livengood volunteered PC Minutes - 5/17/88 -8- (0682d) 1 to be a representative to the Environmental Board; Commissioner Ortega volunteered to be a representative at Subdivision Committee and Commissioner Bourguignon an alternate to the Subdivision Committee. F. PLANNING COMMISSION INQUIRIES The following inquiries were made: 1. 16771 Roosevelt - numerous outside lights - violation of conditions of approval 2. Parking Lot - Slater/Beach Boulevard - needs to be brought up to code 3. Resolutions/Plagues for Kent Pierce and Jean Schumacher 4. Newman Avenue, east of Beach Boulevard - Investigate Posting of Speed Limit - Possible Installation of Speed Bumps • �_�1 ' _ ' • V7, _ • 4 �! Pending list distributed. H. 1tMUL'1. N_ 20 EAYj_'11l T.Y. N None A MOTION WAS MADE AT 9:55 PM, BY LIVENGOOD, SECOND BY LEIPZIG, TO ADJOURN TO THE NEXT SCHEDULED SPECIAL MEETING (STUDY SESSION) AT 7:00 PM ON MAY 24, 1988, FOR THE WATERFRONT PROJECT; A SPECIAL JOINT STUDY SESSION WITH THE CITY COUNCIL AT 5:30 PM ON JUNE 6, 1988, TO ADDRESS LINEAR PARK AND RELATED ISSUES; A REGULARLY SCHEDULED MEETING AT.7:00 PM ON JUNE 7, 1988; AND A SPECIAL MEETING AT 7:00 PM ON JUNE 8, 1988, FOR THE WATERFRONT PROJECT, BY THE FOLLOWING VOTE: AYES: Slates, Livengood, Silva, Leipzig, Ortega, Bourguignon NOES: None ABSENT: Higgins ABSTAIN: None ly0—(41�' i V,%'I ' A MINUTES APPROVED: Mike Adams, S cretary Victor Leipzig, a' n PC Minutes -- 5/17/88 -9- (0682d)