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HomeMy WebLinkAbout1989-09-06 (7)APPROVED 11/7/89 MINUTES HUNTINGTON BEACH PLANNING COMMISSION SEPTEMBER 6, 1989 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Shomaker, Kirkland, Williams, Bourguignon, Ortega 4 P A Mountford, Leipzig A. CONSENT CALENDAR A-1 GENERAL PLAN CONFORMANCE NO, 89-8 - Vacation of a portion of Elm Street right-of-way (West side of Elm Street, south of Cypress Avenue) A MOTION WAS MADE BY MOUNTFORD, SECOND BY ORTEGA, TO APPROVE GENERAL PLAN CONFORMANCE NO. 89-8 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The proposed project is in conformance with the General Plan, specifically the following policies: a. Land Use: Encourage rational use of land and other natural resources. b. Land Use: Provide an adequate level of community service, facilities, improvements and maintenance in all areas of the City. c. Circulation: Develop a transportation system that ensures the safe and efficient movement of people and goods. B. ORAL COMMUNICATIONS Freda Davis, 5932 Padua Drive, reported to the Commission statistics gathered by her regarding the number of visitors arriving for appointments at the FHP Senior Medical Center. She said several surveys were conducted on different days of the week and the numbers indicated more than 750 each day. She invited members of the Commission or staff to join her in verifying the numbers. She also said that the traffic guards hired by FHP will not allow people to park in the center of the parking lot if they are not going to FHP. B-1 PLANNING COMMISSION SUB -COMMITTEE REPORTS None C. PUBLIC HEARING ITEMS C-1 DRAFT 1989 HOUSING ELEMENT UPDATE FOR THE CITY OF HUNTINGTON BEACH APPLICANT: CITY OF HUNTINGTON BEACH California State Law requires that local governments prepare and adopt a Housing Element of the General Plan, and that the element be undated at five-year intervals. The City retained the firm of Cotton/Beland to prepare the Housing Element Update. As the element was prepared, the input of the City Housing Committee, as well as various interest groups was sought. Housing Committee meetings and a public workshop were held to review the draft document and solicit input. The State Office of Housing and Community Development (HCD) has also reviewed and commented on the document. STAFF RECOMMENDATION: Review the comments which have Housing Element Update as well prepared in response to those session, schedule the Housing for adoption. THE PUBLIC HEARING WAS OPENED been received regarding the 1989 as the addendum which has been comments. After discussion at a study Element Update to September 19, 1989, Jim Miller, 15202 Yorkshire Lane, representing Shelter for the Homeless, said the cost of land for non-profit organizations is prohibitive. He urged the City to designate land to be included in the housing element for use by non-profit organizations. There were no other persons present to speak for or against the item. The public hearing was left open. PC Minutes - 9/6/89 -2- (3667d) C A MOTION WAS MADE BY ORTEGA, SECOND BY SHOMAKER, TO CONTINUE DRAFT 1989 HOUSING ELEMENT UPDATE TO THE SEPTEMBER 19, 1989 PLANNING COMMISSION MEETING WITH THE PUBLIC HEARING OPEN, BY THE FOLLOWING VOTE: AYES: Shomaker, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig, Kirkland (Out of Room) ABSTAIN: None MOTION PASSED C-2 ZONE CHANGE NO. 89-3 IN CONJUNCTION WITH NEGATIVE DECLARATION NO. 89-21 APPLICANT: CITY OF HUNTINGTON BEACH Zone Change No. 89-3 is a request to rezone eleven residential lots in the Oldtown area from (Q)Oldtown Specific Plan District 2-0 to (Q)Oldtown Specific Plan District 2. The City has initiated this request to remove the -0 (Oil Production) suffix from the zoning. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 89-21 for ten days, and no comments, either verbal or written were received. The staff, in its initial study of the project, has recommended that a negative declaration be issued. STAFF RECOMMENDATION: Approve Negative Declaration No. 89-21 and Zone Change No. 89-3 with findings and forward to City Council for adoption. 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 KIRKLAND, SECOND BY MOUNTFORD, TO APPROVE NEGATIVE DECLARATION NO. 89-21 AND ZONE CHANGE NO. 89-3 WITH FINDINGS AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig ABSTAIN: None MOTION PASSED PC Minutes - 9/6/89 -3- (3667d) FINDINGS FOR APPROVAL: 1. The proposed zone change from (Q)-OTSP-2-0 to (Q)-OTSP-2 does conform with the Land Use Element of the General Plan. 2. The proposed zone change from (Q)-OTSP-2-0 to (Q)-OTSP-2 is consistent with surrounding single family residential land uses. C-3 CONDITIONAL USE PERMIT NO, 89-42 APPLICANT: RONALD J. EGGLESTON Conditional Use Permit No. 89-42 is a request for live entertainment (musicians/comedians) with dancing in an existing restaurant located within Loehman's Five Points Plaza. A previous conditional use permit (No. 88-38) for the restaurant at the same location was approved by the Planning Commission on September 7, 1988, which permitted live entertainment. The entertainment permit is non -transferable, therefore the request for a new conditional use permit is required. ENVIRONMENTAL STATUS: The proposed project is exempt pursuant to Class 15303, Section 1 of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 89-42 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Ronald Eggleston, applicant, was present to speak in support of the request and to answer any questions from the Commission. He explained the type of fashion shows he was planning. There were no other persons present to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY ORTEGA, SECOND BY MOUNTFORD, TO APPROVE CONDITIONAL USE PERMIT NO. 89-42 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig ABSTAIN: None MOTION PASSED PC Minutes - 9/6/89 -4- (3667d) 1 FINDINGS FOR APPROVAL: 1. The -establishment, maintenance and operation of live entertainment (live music with up to four musicians/ entertainers for dancing and listening and comedy acts) will not be detrimental to the general welfare of persons residing or working in the vicinity. Adequate buffering to residentially zoned properties to the west is provided by parking, drive aisle, landscape and an 80 foot wide arterial street and the proposed live entertainment substantially complies with the criteria in Section 9220.12 of the Ordinance Code. In addition the use will not be detrimental to property and improvements in the vicinity of such use or building. 2. The proposal is consistent with the City's General Plan of Land Use which designates this site as General Commercial. CONDITIONS OF APPROVAL: 1. The floor plans received and dated August 15, 1989, shall be the approved layout. A final seating plan shall be reviewed and approved by the Fire Department. 2. Live music and entertainment shall be limited to a maximum four (4) musicians/entertainers ,and performances shall be limited only during the following hours: Monday through Friday 8:00 PM - 1:30 AM Saturday and Sunday 4:00 PM - 1:30 AM 3. The dance floor shall be limited to 100 square feet. The stage area shall be no larger than 8 feet by 6 feet. 4. An entertainment permit shall be submitted and approved by the Police Department prior to the establishment of the live entertainment within the restaurant. 5. The proposed use shall comply with all applicable Fire and Building codes, including Chapter 33 of the Uniform Building Code. 6. All activities shall comply with all applicable ordinances of Title 5, Business License and Regulations, and Title 9, Public Peace, Morals and Welfare of the Huntington Beach Municipal Code. 7. The proposed live entertainment shall comply with Chapter "Noises" of the Huntington Beach Municipal Code. Should complaints be received regarding noises generated by the entertainment, the Planning Commission reserves the right require the applicant to mitigate the noise level. 8.40 live to PC Minutes - 9/6/89 -5- (3667d) 8. This conditional use permit shall run with the applicant. Any additional activities beyond those proposed (musicians, comedians, dance contests, fashion shows, auctions and talent shows) shall require the review and approval of the conditional use permit process. 9. The primary use of the building shall be dining and the sale of food. Dancing and live entertainment (comedians/musicians) shall be a secondary use. 10. 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-4 CONDITIONAL USE PERMIT NO. 89-33 APPLICANT:' BISSELL ARCHITECTS Conditional Use Permit No. 89-33 is a request to add two kindergarten classrooms (1,728 square feet) and a religious education building (1,921 square feet) to St. Bonaventure School pursuant to Section 9630 of the Huntington Beach Ordinance Code. The total proposed square footage is 3,659 square feet. A new kindergarten playground is also proposed. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15301, Class 1, of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 89-33 with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Dick Booth, 16441 Dutchess Lane, said Springdale and Heil is a very busy intersection and that because parking is tight in the area church members usually choose to park in his neighborhood for convenience. He said there is a fire hydrant in front of his house which means he has to park on the side; however because the church members are parked there he has no additional parking spaces for himself or for his guests. He feels the access gates on Bradberry should be opened for entrance to the school. Glen Galape, architect for the project, said site plan studies are being completed regarding drop off sites at the school. The Commission suggested a two week postponement to complete a circulation plan. PC Minutes - 9/6/89 -6- (3667d) Linda Garretfollow (spelling unverified), representing St. Bonaventure School, said over the summer that the drop-off and pick-up areas were changed on site and it was working out much better. Mr. Kanmeyer, resident on Bradberry, a member of the church and also has a child in St. Bonaventure School, said he feels the intersection at Heil and Bradberry is very dangerous and would like to see another access into the church parking lot from Heil. There were no other persons present to speak for or against the request and the public hearing was closed. The Commission felt that a two week continuance was in order so that the applicant could work with the City to bring back a circulation plan and to complete a morning and afternoon traffic survey. A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO CONTINUE CONDITIONAL USE PERMIT NO. 89-33 TO THE SEPTEMBER 19, 1989 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig ABSTAIN: None MOTION PASSED C-5 CONDITIONAL USE PERMIT NO, 89-32 APPLICANT: LAO FAMILY COMMUNITY, INC. Conditional Use Permit No. 89-32 is a request to establish a child care center for up to 150 children at the Park View School site. This program has been in operation since 1980 at a school in Garden Grove, but is forced to relocate because the school district there is reopening the school for public use. Section 9630 of the Huntington Beach Ordinance Code lists day care as an unclassified use permitted subject to conditional use permit approval by the Planning Commission. ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Section 15301, Class 1, of the California Environmental Quality Act. STAFF RECOMMENDATION: Approve Conditional Use Permit No. 89-32 with findings and conditions of approval. PC Minutes - 9/6/89 -7- (3667d) THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the request and the public hearing was closed. A MOTION WAS MADE BY KIRKLAND, SECOND BY SHOMAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 89-32 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourgignon, Ortega, Mountford NOES: None ABSENT: Leipzig ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the LFC Child Development Program with up to 150 children will not be detrimental to the general welfare of persons residing or working in the vicinity or to property and improvements in the vicinity. 2. The granting of the conditional use permit for the LFC Child Development Program with up to 150 children will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposed LFC Child Development Program is consistent with the goals and objectives of the City's General Plan and Land Use Map because the property was originally developed as a school site. 4. The access to and parking for the proposed use does not create an undue traffic problem because adequate parking and drop-off areas are provided on site, and no excessive traffic will be generated. CONDITIONS OF APPROVAL: 1. The site plan and floor plans received and dated August 2, 1989 shall be the approved layout. 2. LFC Child Development Program's hours of operation shall be limited to between 7:00 am and 6:00 pm. 3. The total enrollment for the LFC Child Development Program shall not exceed 150 children per day and the program shall be limited to the portion of the building as depicted on the approved plans. Any expansion or increase in number of children shall require approval of the Planning Commission. 1 PC Minutes - 9/6/89 -8- (3667d) 4. The applicant shall obtain approval from Orange County Social Services Department if required, prior to operation. Applicant shall file with the Department of Community Development, a copy of the license issued by the Social Services Department within 90 days of approval. If the applicant fails to obtain license from Orange County Social Services Department, this conditional use permit shall be revoked with all monies spent at applicant's risk. 5. Applicant shall obtain a business license from the City of Huntington Beach prior to operation. 6. The LFC Child Development Program shall comply with all applicable provisions of the Ordinance Code including Section 9634.3, Building Division, and Fire Department. 7. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. 8. Applicant and property owner shall work together to clean up school grounds of any broken glass prior to issuance of Certificate of Occupancy. 9. 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-6 CODE AMENDMENT NO, 88-12/NEGATIVE DECLARATION NO. 89-8 (CONTINUED FROM AUGUST 1, 1989 PLANNING COMMISSION MEETING) APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No. 88-12 is a request by Planning staff to -revise Article 960, Downtown Specific Plan, and all other code references to parking requirements. At the August 1, 1989 Planning Commission meeting the public hearing was continued to allow final review of the proposed code amendment by the Fire and Public Works Departments. All comments have been considered and incorporated into the final draft to revise Article 960, Downtown Specific Plan, and all other code references to parking requirements. ENVIRONMENTAL STATUS: Pursuant to the environmental regulations in effect at this time, the Department of Community Development posted draft Negative Declaration No. 89-8 for ten days, and no comments, either verbal or written were received. STAFF RECOMMENDATION: Approve Negative Declaration No. 89-9 and Code Amendment No. 88-12 with findings and forward to the City Council for adoption. PC Minutes - 9/6/89 -9- (3667d) THE PUBLIC HEARING WAS OPENED Jim Johnson, 2120 Main Street, Vice -President, Huntington Beach Company, said he feels some of the changes proposed in the code amendment are unnecessary. He feels the parking requirements will increase costs of homes and decrease size of greenbelts. He does not understand the proposal to increase the size of garages and does not feel that deepening the garages will solve parking problems. Tom Van Tuyl, 1722 Park, Vice President, Board of Realtors, spoke in opposition to the code amendment. He is concerned with the effect that this code amendment will have on homeowners. He feels the amendment contains ambiguous language with arbitrary standards and feels the code should be specific not confusing. He is also concerned that homes in the area that need remodeling will soon deteriorate. Matthew Messier, 18882 Valley Circle, spoke in opposition to the code amendment. His concerns included potential problems with financing, insuring, and investing for lenders. He feels properties in Huntington Beach will become non -saleable on the open market thus eliminating 80 to 90 percent of lenders in the area. He fears homeowners will have to pay higher interest rates and the replacement of damaged homes will be impossible. He also feels that people will not upgrade their property because any remodeling will require adding another garage which will decrease the affordability. He urged denial by the Commission. Robert Cronk, 18312 Hartlund Lane, realtor and homeowner, feels most proposed changes to the code are not necessary because they will create too many problems. He said in order to build onto his property would require subterranean parking which would be prohibitive. He also feels increasing the size of garages will create a fire hazard. He prefers the existing code because he feels it addresses the property owners' problems. Jim Righeimer, builder in the area, feels the quality of houses will have to be reduced with the proposed new codes. He does not feel the proposed changes should be "wholesale" (across the whole City) because there are not parking problems in the whole City. He does not feel property owners will be able to live with constant changing rules. He urged denial of the code amendment because of possible non -conforming problems and feels all commercial projects will be eliminated because of not allowing compact parking. Jim Morrissey, realtor, feels the proposed code amendment is discriminatory and urged staff to review it more carefully. He would like to see more "grandfathering" included. Stan Nichol, 17081 Pleasant Circle, feels there is a parking problem in the City and supported the fact that staff and the Commission were trying to improve the situation. There were no other persons present to speak for or against the code amendment and the public hearing was closed. PC Minutes - 9/6/89 -10- (3667d) 1 fJ A MOTION WAS MADE BY MOUNTFORD, SECOND BY ORTEGA, TO CONTINUE CODE AMENDMENT NO. 88-12 AND NEGATIVE DECLARATION NO. 89-8 FOR FURTHER CLARIFICATION TO THE SEPTEMBER 19, 1989 PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig ABSTAIN: None MOTION PASSED C-7 CODE AMENDMENT NO, 89-3/NEGATIVE DECLARATION NO. 89-14 (CONTINUED FROM AUGUST 15, 1989 PLANNING COMMISSION MEETING) APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No. 89-3 intends to revise Article 908, Definitions, by adding, amending and/or deleting definitions. Proposed changes were presented for Planning Commission input and discussion on April 18, May 2 and May 30, 1989. STAFF RECOMMENDATION: Approve Negative Declaration No. 89-14 and Code Amendment No. 89-3 with findings and forward to the City Council for adoption. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the proposed code amendment and the public hearing was closed. A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO APPROVE CODE AMENDMENT NO. 89-3 AND NEGATIVE DECLARATION NO. 89-14 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. Code Amendment No. 89-3 creates clear, concise definitions to implement and enforce the provisions of the Ordinance Code. 2. Code Amendment No. 89-3 is consistent with the goals and policies of the General Plan. PC Minutes - 9/6/89 -11- (3667d) C-8 CODE AMENDMENT NO 89-9/NEGATIVE DECLARATION NO. 89-24 (CONTINUED FROM AUGUST 15, 1989 PLANNING COMMISSION MEETING) APPLICANT: CITY OF HUNTINGTON BEACH Code Amendment No. 89-9 intends to revise Article 985, Design Review Board to bring the regulations into conformance with the policy of the City Council. The duties and membership of the Design Review Board have been amended. Other minor revisions and clarification of code sections are included. STAFF RECOMMENDATION: Approve Negative Declaration No. 89-24 and Code Amendment No. 89-9 with findings and forward to the City Council for adoption. THE PUBLIC HEARING WAS OPENED There was no one present to speak for or against the proposed code amendment and the public hearing was closed. A MOTION WAS MADE BY ORTEGA, SECOND BY WILLIAMS, TO APPROVE CODE AMENDMENT NO. 89-9 AND NEGATIVE DECLARATION NO. 89-24 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL: 1. Code Amendment No. 89-9 creates regulations consistent with the policies of the City Council. 2. Code Amendment No. 89-9 establishes procedures to satisfy the goals and policies of the General Plan. D. NON-PUBLIC HEARING ITEMS D-1 STATUS OF CONDITIONAL USE PERMIT NO. 88-45 - HOME DEPOT Status report accepted and filed. E. DISCUSSION ITEMS None PC Minutes - 9/6/89 -12- (3667d) 1 1 F. PLANNING COMMISSION INQUIRIES None G. PLANNING COMMISSION ITEMS Commissioner Williams: Requested enforcement of commercial real estate signage. H. COMMUNITY DEVELOPMENT ITEMS SEPTEMBER 9, 1989 PLANNING COMMISSION WORKSHOP - The workshop was rescheduled to September 12, 1989, at 5:30 PM in the Council Chambers. I. ADJOURNMENT A MOTION WAS MADE AT 9:30 PM BY ORTEGA, SECOND BY MOUNTFORD, TO ADJOURN TO A PLANNING COMMISSION WORKSHOP, TUESDAY, SEPTEMBER 12, 1989, AT 5:30 PM, AND THEN TO THE NEXT REGULARLY SCHEDULED MEETING, TUESDAY, SEPTEMBER 19, 1989, AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Shomaker, Kirkland, Williams, Bourguignon, Ortega, Mountford NOES: None ABSENT: Leipzig ABSTAIN: None MOTION PASSED APPROVED Mike Ad4a tl Secretary anning mmission filiair a 0 PC Minutes - 9/6/89 -13- (3667d)