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Home My WebLink About1993-10-05MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, OCTOBER 5, 1993 GRADING ORDINANCE PLEDGE OF ALLEGIANCE ROLL CALL: A. Council Chambers 2000 Main Street Huntington Beach, STUDY SESSION - 5:30 PM REGULAR MEETING - 7:00 PM - Civic Center California P P P P P Cook, Bourguignon, Biddle, Richardson, Dettloff, P P Gorman, Inglee ORAL COMMUNICATIONS (4 MINUTES TIME TO OTHERS) Anyone wishing submit a form to speak prior to Hearing items. No action can be Commission on this date, unless PER PERSON, NO DONATING OF to speak must fill out and Oral Communication or Public taken by the Planning agendized. Gerald Chapman, stated his regret that Commissioner Bourguignon would be leaving the Commission. He expressed appreciation for his informative and conscientious decision making during his time as a Planning Commissioner. B. PUBLIC HEARING ITEMS B-1 CODE AMENDMENT NO. 91-10 - DRAFT ZONING AND SUBDIVISION ORDINANCE (CONTINUED WITH PUBLIC HEARING OPEN FROM THE SEPTEMBER 21, 1993 PLANNING COMMISSION MEETING: APPLICANT: City of Huntington Beach LOCATION: City Wide The series of public hearings on the draft Zoning and Subdivision Ordinance continues with Title 23, Provisions Applying in All or Several Districts. The subject of this portion of the public hearing series will focus on Chapter 230, Site Standards; Chapter 231, Off -Street Parking and Loading Provisions; and Chapter 232, Landscape Improvements. Chapter 232, Landscape Improvements, was continued to this meeting. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Chapters 230, 231 and 232 of Title 23 of the draft Zoning and Subdivision Ordinance, recommend their adoption to the City Council, and continue Code Amendment No. 91-10 with the public hearing open to the October 5, ■ 1993 Planning Commission meeting. THE PUBLIC HEARING WAS OPENED. Cheryle Browning, stated that she would like to see the wording in the codes clarified and more specific, to allow Code Enforcement staff the ability to enforce the true intent. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed Ms. Browning's request of specific language to help Code Enforcement. A MOTION WAS MADE BY COOK, SECOND BY BIDDLE TO CONTINUE CHAPTER 230 TO THE OCTOBER 5, 1993 PLANNING COMMISSION MEETING IN ORDER TO MAKE THE LANGUAGE MORE SPECIFIC, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle NOES: Richardson, Dettloff, Gorman, Inglee ABSENT: None ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY GORMAN, SECOND BY DETTLOFF, TO APPROVE CHAPTER 230 AS MODIFIED BY THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: MOTION WITHDRAWN Staff Report - 10/5/93 -2- (7481d) A MOTION WAS MADE BY COOK, SECOND BY BIDDLE TO APPROVE CHAPTER 230 AS RE -MODIFIED BY THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Gorman, Inglee NOES: Dettloff ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY COOK, SECOND BY BOURGUIGNON, TO APPROVE CHAPTER 231, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY COOK, SECOND BY RICHARDSON, TO APPROVE CHAPTER 232 AS MODIFIED BY THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY GORMAN, SECOND BY DETTLOFF, TO CONTINUE CODE AMENDMENT NO. 91-10 TO THE OCTOBER 17, 1993 PLANNING COMMISSION MEETING WITH PUBLIC HEARING OPEN, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman NOES: None ABSENT: Inglee ABSTAIN: None MOTION PASSED B-2 CONDITIONAL USE PERMIT NO. 93-34: APPLICANT: Stonebridge Christian Church LOCATION: 5331 McFadden Avenue (north side of McFadden Avenue, approximately 110 feet east of Chemical Lane) Staff Report - 10/5/93 -3- (7481d) Conditional Use Permit No. 93-34 is a request to establish a 2,000 square foot church in an existing 23,873 square foot industrial building, pursuant to Sections 9630(c) and 9606.1 of the Huntington Beach Ordinance Code. The industrial use will continue to operate on weekdays, and the church will use a small portion of the building for services on Sundays and weeknights. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 93-34 with findings and suggested conditions of approval. Commission Inglee stated that he would be abstaining from taking action on this request, due to conflict of interest. The Commission discussed their concerns regarding children being present in an industrial zone, conflict with industrial traffic, and how the current industrial uses felt about the proposed church. THE PUBLIC HEARING WAS OPENED. James A Parris, 5362 Commercial Drive, adjacent business owner, spoke in opposition to the request. Jeff Parris, 5362 Commercial Drive, adjacent business owner, spoke in opposition to the request. Mr. Parris also submitted a petition of opposition to the .:Commission from other business owners in the vicinity. Bob Chrisman, 71 - 64th Place, Long Beach, representing applicant, gave a brief explanation of the request. Todd Parris, 5382, adjacent business owner, spoke in opposition to the request. Budd Warshaller, 4892 Searidge Circle, environmental consultant for adjacent business owners, spoke in opposition to the request. His major concern was children being present in an industrial area. Ken Gibo, 15532 Sunburst Lane, applicant, gave a description of his request and urged the Commission to approve. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The majority of the Commission felt that the proposed use was not compatible with the industrial uses. They were concerned with hazardous waste, traffic, and industrial noise. Staff Report - 10/5/93 -4- (7481d) A MOTION WAS MADE BY GORMAN, SECOND BY DETTLOFF, TO APPROVE CONDITIONAL USE PERMIT NO. 93-34 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Dettloff, Gorman NOES: Cook, Bourguignon, Biddle, Richardson ABSENT: None ABSTAIN: Inglee MOTION FAILED A MOTION WAS MADE BY BIDDLE, SECOND BY RICHARDSON, TO DENY CONDITIONAL.USE PERMIT NO. 93-34 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson NOES: Dettloff, Gorman ABSENT: None ABSTAIN: Inglee MOTION PASSED FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 93-34: 1. The proposed establishment of a church within an industrial building is incompatible with the surrounding industrial uses. The surrounding industrial uses generate noise and contain -` storage of hazardous material. Assembly of people in an industrial zone exposes them to undesirable conditions. In addition, a petition in opposition to the church use signed by. 33 individuals was presented to the Planning Commission stating that the surrounding industrial businesses cannot co -exist in an industrial zone with the proposed church. 2. The proposed parking layout is not adequate to meet the needs of the church because 19 spaces are temporary. B-3 CONDITIONAL USE PERMIT NO. 93-30: APPLICANT. Zenda Sweller LOCATION: 5662 Castle Drive Conditional Use Permit No. 93-30 is a request'to es�'ablish-a.'Large Family Day Care Home (up to 12 children) out of a_single.family residence located at 5662 Castle Drive. The Huntington Beach Ordinance Code requires approval of a Conditional Use Permit for a Day Care Home for 7-12 children. Staff Report - 10/5/93 -5- (7481d) STAFF RECOMMENDATION: The proposed day care home complies with all zoning code provisions for a large family day care home, including minimum indoor and outdoor play areas. Staff is recommending the Planning Commission approve Conditional Use Permit No. 93-30 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Zenda Sweller, 5662 Castle Drive, applicant, gave a brief description of the request and stated she was available to answer any questions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION'WAS MADE BY DETTLOFF, SECOND BY COOK, TO APPROVE CONDITIONAL USE PERMIT NO. 93-30 WITH FINDINGS AND CONDITIONS OF APPROVAL,. BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: . , -None ABSENT: None ABSTAIN: None MOTION 'PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93-30: 1. The.establishment, maintenance and operation of the large day care home (up to 12 children) will not be detrimental to the general welfare of persons working or residing in the vicinity, nor be detrimental to property values and improvements in the area. With the conditions imposed, the large day care home will not generate adverse traffic or noise impacts to the surrounding neighborhood. 2.. •.The; -location, site layout, and design of the -large -day care home properly, adapts-the,proposed structures to streets, driveways, and .other,adjacent structures and uses in a harmonious manner. The.'large_,day-_care:home will operate out of an:existing 1,800 square_ foot�-single ;family residence. 3. The granting -.of :Conditional:. Use Permit No: .93-30 .will not adversely affect the General Plan of the'City.of Huntington Beach. The proposed large day care home, for up to 12 children, is consistent with the Low Density Residential land use designation of the City's'General Plan. Staff Report - 10/5/93 -6- (7481d) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 93-30: 1. The site plan and floor plans received and dated August 18, 1993 shall be the conceptually approved layout. 2. Fire Department requirements are as follows: - a. Smoke detectors with audible alarms shall be'installed per Uniform'Building Code standards. b. Portable fire extinguishers shall be provided in number and at locations specified by the Fire Department. c. Exit doors, including manually operated horizontal sliding doors shall be operable from the inside without use of a key or any special knowledge or effort. '- 3. Hours of operation shall be limited to between 6:00 AM - 5:30 PM, Monday through Friday. 4. Conditional Use Permit No. 93-20 become null and void unless-' exercised within one (1) year of the date of final approval, or such extension of time' as may be granted,by the Planning-7 Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 5. The applicant shall obtain and provide evidence of a City Business License and State Department of Social Services --License for child day care within 30 days from the date of this approval. 6. 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. CODE REQUIREMENTS: 1. The developer will be responsible for the payment of the Traffic Impact Fees to the Public Works Department prior to operation of the Large Day Care Home. -- B-4 SPECIAL SIGN PERMIT NO:-"-93-9: ' - i 'Ir:.tea 1 J. APPLICANT: - Southern Cali-f6r-nia RestauYane En�te`riir•i=se-Sr - (Rally's Burgers=) ` -. i.� 3: ��•- LOCATION: - 10001 Adams Averiue'-' Special Sign Permit No:•'93-9 is a request to I nstallia 30 foot high, 90 square foot freestanding pole sign at -the northeast corner of Brookhurst Street and Adams Avenue for a new Rally's Hamburgers drive-thru restaurant. The applicant received Zoning Administrator Staff Report - 10/5/93 -7- (7481d) approval on September 29, 1993, to establish the new restaurant/ drive-thru business (Rally's Hamburgers) at the previous gas station site. The request for the special sign permit includes allowing both wall signs and a freestanding sign, on a site that permits either one or the other. In addition, the applicant is requesting to exceed the sign height and area provisions -of the sign code. STAFF RECOMMENDATION: Because the site is on a corner with -adequate exposure on both Adams Avenue and Brookhurst Street, staff is recommending the Planning Commission deny the request for the freestanding sign. The applicant submitted_a revised request to the•Commission and staff. THE PUBLIC: HEARING WAS OPENED. Dave Bartlett, 6082 Jade, representing applicant, explained the revised request submitted to the Commission.and staff. Bruce Cowgill, 2760 E. Spring Street, Long Beach, representing adjacent business owners, stated he was concerned that if the Planning Commission approved this sign, the sign that he will be proposing in the future,- on an adjoining parcel, will be denied becaus'e_of excessive Signage in the area. He asked the Commission to --consider impacts'to adjacent parcels when making their decision. Mark Porter, 19561 Tokieka, spoke in opposition to the request. Mr. Port -or stated that the sign code's of the City should be followed. Mark Porter, 19561 --okieka, spoke in opposition to the request. Mr. Porter stated that the sign code requirements of the City should be folioWed. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO APPROVE SPECIAL:SZGN PERMIT NO. 93-9 WITH FINDINGS AND MODIFIED CONDITIONS "0F` . A-PPROVAI;, by ' THE FOLLOWING VOTE: . . AYES: Cook;= Dour .I�QES: Biddle giiigrion; Richardson, Iiettliff, Gorman, Inglee ABSENT:. None $STPII+2 Done MOTION, _PASSI;I) FINDINGS FOR APPROVAL = SPECIAL SIGN PERMIT NO 93 9: 1. Strict compliance with Article 9,61 will result in substantial economic hardship to the applicant because the 12 foot high, 57 square foot pole sign is necessary for identification of the site. The proposed drive-thru restaurant is dependent on impulse decisions and will benefit from a freestanding pole sign. 1 Staff Report - 10/5/93 -8- (7481d) 2. There are unusual siti,or building characteristics that preclude Rally's Hamburgers' f'ro"m yielding adequdte si.jnagelfibm'•the provisions of the ;sign code: The proposedestauran 'building is under 900 square -feet in -size and,is setback over_§0 feet from both streets, .regA;r.ir g the site have_both �aa1T 'and a freestanding Signs ,for ,adequate'ex iosure. ,"' 3. Due to the fact that there are special site or.building conditions applicable to the site, approval of ddit- nal signage for a 12 foot high,_57 square,Soot freestanding sign is necessary to enjoy sign:prbdisions'enjged by.strrouriding properties. _ 4. The proposed ,•12,_.foot high, 5,7 square foot freestanding sign will not adversely 'affect other s'igris'Tn' `the area; - nOr` viill'the sign obstruct pedestrian or vehicular traffic vision. The sign will comply with the minimum site angle requirement fqr signsjlwithin,; the landscape planter. 5. Additional s gijage`_fof this ;`$ite 'i4ould nota-h _ constitutd ' - ':f aesthetic irbpect td' the'"site and surrounding prdpertles. " ThEe- proposed sign will,, be compatible, with signage in the ;surro,�n jing , area. - CONDITIONS OF APPROVAL'= SPECIAL SIGN PERMIT -NO. 93-9: kf. 1. The site plan 4d-site elevations re.c6ived and. dated ;July ` 1993 shall be-,the'approved'layout with the following ya I ;f 3,,, modificationsr a. Maximum heirght, of.the freestanding sign-,sWl�be,-12__.fect, ; �} b. Maximum area: -of -the Rally's primary sign'shall`Ybe' 36 rs%u feet; a changeable copy sign (maximum 3 lines of copy) may be-" permitted attached below the primary sign provided the tota3•-=i sign area of both signs does not exceed 57 square feet. c. A planter box shall be provided at the base of the sign. 2. Prior to issuance of building 'permits,, ,a., caps a=;ra�isad ,parrs;: '_"_depicting depicting the modifications puisuarit -to LoncYition No. •1 shall bb_;-'_' submitted to the ,CommunityDevelopment _Rep artmeut_, fgr,f,the f i lei ; r Staff Report - 10/5/93 -9- (7481d) C. CONSENT CALENDAR C-1 PLANNIROrJNlISSION MINt1TESDATED_ AUGUST 3, 1993 A MOTION WAS MADE BY•BOURGUIGNON, SECOND BY INGLEE, TO APPROVE PLANNING COMMISSION MINUTES DATED AUGUST 3, 1993 , BY THE FOLLOWING VOTE: AYES: Bourguignon.,. Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: Cook - MOTION PASSED C-2. PLANNING -COMMISSION -MINUTES DATED AUGUST 21, 1993: A MOTION -WAS MADE BY BOURGUIGNON, SECOND BY-BIDDLE, TO APPROVE PLANNING,COMMISSION MINUTES DATED AUGUST 21, 1993 , BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle,.R-ichardson, Dettloff, Gorman, inglee_- " NOES: None - .ABSENT: None ABSTAIN:, None MOTION PASSED D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Richardson - asked staff for a report on Zoning Administrator adtion taken.the past week. Scott Hess gave the report. Commissioner Richardson.requested that the Zoning Administrator report be given at all future Study Sessions for the Planning Commission. A LOTION WAS MADE -BY RICHARDSON, SECOND BY BIDDLE, TO MOVE THE- PLANNING'CO.MMISSION MEETING OF NOVEMBER 2, 1993 TO WEDNESDAY, NOVEMBER 3, 1993 DUE TO ELECTIONS, BY THE FOLLOWING VOTE: AYES: Cook, Biddle, Richardson, Dettloff, Gorman, Inglee NOES: None ABSENT: None ABSTAIN: Bourguignon MOTION PASSED Staff Report - 10/5/93 -10- (7481d) F. COMMUNITY DEVELOPMENT ITEMS Howard Zelefsky,�.restated actions taken at' the"OctobeftA, 1993 � Planning Commission meeting. G . ADJOURNMENT .? tl:1.�.`�7\• - 7 ter..'... �: r:i*-':"y. +``�' .•_y.z=. A MOTION WAS MADE BY RICHARDSON, SECOND BY INGLEE, TO AE�JOU,RN TQ, A_ ,. 5:30 PM STUDY SESSION (AGENDA REVIEW, SUB -COMMITTEE REPORT), ON,.',:_a;. OCTOBER 19, 1993 AND THEN TO THE REGULARLY SCHEDULED MEETING AT :"'_'6,? 7:00 PM BY THE FOLLOWING VOTE: AYES: Cook, Bourguignon, Biddle, Richardson, Dettloff•, Gorman,- g - '=� �. ..._. ;' _ aa.�C_aldSli._:/_t'i._r ,. NOES: None ABSENT: ABSTAIN: None -:T `J 2_ . H . None - t £<D� ,�S ;'��.. .. _:.._�:: ._. •" ?o :0��."t;::: MOTION PASSED /kj 1 APPROVED .►' - - - •T .te a. �•yy •/E i.:'� C3i -Y• Pla ing Commission Chai•rerson - ,j Js�i be��up � :�cah� n:.,, :? nenox r'n o0 .t v!Dd.►-,2 `�:i3�L'Z CIS :}o :��'--� ?r.1 'i.J?ss..i. LcaIg ��;._� � .,,?�ti yan z)y Ya 'i =0 jGi u EJ ,B10T Z)7j,3'ri _ ;:J 33o��oQ n02.�7.. .^,tfi 91�FJ:.6 •i{^..�.':�V :�.�.�.',' o Staff Report - 10/5/93 -11- (7481d)