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HomeMy WebLinkAbout1995-03-28I MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MARCH 28, 1995 } Council Chambers - Civic Center 2000 Main Street Huntington Beach, California ' = REGULAR MEETING - 7:00 PM f PLEDGE OF ALLEGIANCE - P P P '' P P P P ROLL CALL" Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker AGENDA APPROVAL A. ORAL COMMUNICATIONS - (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. None--' B. PUBLIC HEARING ITEMS B-1 APPEAL -OF SPECIAL SIGN PERMIT NO.94-3: APPLICANT/ APPELLANT: Steven C. Nicholson, P.O. Box 2442, Newport Beach, CA 92659 LOCATION: 18361 Beach Boulevard This is'an appeApf tht Zoning Administrator's action on Special Sign Permit -No. 94-3. Specifically, the applicant is appealing Condition of Approval No. l .b, which requires an existing non -conforming sign to be lowered in height and reduced in overall size. The condition regiures.the sign to be lowered from 21.5 feet high to 14.5 feet in height and to reduce,the sque,fodtae from 112.5 square feet to 67.5 square feet. The applicant is appealing the decision of the Zoning Administrator because he believes the existing sign is consistent with other signs in the area and that it does not pose any undue impacts upon other properties in the vicinity. STAFF RECOMMENDATION: - Staff recommends that the Planning Commission deny the appeal and uphold the Zoning Administrator's' condition's of approval because the modified sign: Will allow adequate signage on the freestanding sign to advertise businesses located to the rear of the property, thus increasing their Beach Boulevard exposure; • Is more compatible with- other design, location, and size of other signs in the area; Will not create a visual or traffic hazard; and Is consistent'with the sign recommended for approval by the Design Review Board. THE PUBLIC HEARING WAS OPENED. Steve Nicholson, PO Box 2442, Newport Beach, applicant, stated he was appealing the Zoning Administrator's action because he feels the existing sign is consistent with other signs in the area and that it does not pose any undue impacts upon other properties in the vicinity. He also stated that staffs recommendation to lower the sign would greatly limit future use of the sign. Leslie Nicholson, PO Box 1854, Newport Beach, adjacent business owner,•stated that the businesses in back of the center do not have adequate signage and requested approval of the appeal. THERE WERE NO' OTHER PERSONS PRESENT TO SPEAK FOR .OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Kerins, a member of the Sign Code Committee, which is updating the current Sign Code, updated the Commission of their progress. He stated that the objective of the Sign Code Committee was to update the codes without affecting business needs. . !,I, The Commission discussed continuing this item until the Sign Code Committee completed their recommendation. , A MOTION WAS MADE BY BIDDLE, SECOND BY TILLOTSON, TO CONTINUE THE APPEAL OF SPECIAL SIGN PERMIT NO. 94-3.FOR TWO (2) MONTHS, TO THE MAY 23, 1995, PLANNING COMMISSION MEETING, BY THE FOLLOWING -VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: None ' ABSTAIN: None MOTION PASSED PC Minutes - 3/28/95 2 (pcm026) B-2 ZONING (CODE) AMENDMENT NO. 95-2: APPLICANT: City of Huntington Beach, Community Development Department, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: Properties zoned General Commercial and Visitor Commercial Zoning (Code) Amendment No. 95-2 is a request to amend the adult business locational criteria to- reflect' the criteria as it existed prior to ' adoption of the new "Zoning and Subdivision Ordinance, which occurred in October, 1994. The amendment will change the criteria applicable to schools and residential zones. Staff believes the locational criteria should apply to schools for kindergarten to twelfth grade, and to any property used for residential purposes. No changes are proposed to the separation requirements from churches or other adult businesses. . 1 STAFF RECOMMENDATION: Staff recommends approval of the request for the following reasons: • The proposed zoning (code) amendment will restore the previous adult business locational criteria that had been in effect for almost 15 years. The locational criteria will continue to minimize the exposure of adult businesses to children by restricting their locations. The locational criteria will continue to preserve the quality of residential neighborhoods, commercial districts, and quality of life. The Commission discussed the change of wording in the zoning code from "public or private school" -to "public or private elementary or secondary (K-12) school." This wording'would exclude community colleges. A concern was raised that certain community colleges have programs for minors, such as tours for high school students, and drama classes, swimming classes, etc. for children of other ages. Chairperson Gorman explained the rationale in previous approval by the Commission. He stated that the Commission felt that these events, held at community colleges, were supervised by adults, as compared.to elerlientary or secondary students walking to school. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. K The majority of the Commissioners felt that the wording "or community colleges" should be added to staffs recommendation. Chairperson Gorman asked staff what would become of current adult businesses located within 500 feet of Goldenwest College. Staff stated that they would become legal non -conforming. PC Minutes - 3/28/95 3 (pcm026) A MOTION WAS MADE BY LIVENGOOD, SECOND BY HOLDEN, TO APPROVE ZONING (CODE) AMENDMENT NO. 95-2 AS AMENDED BY THE COMMISSION, AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Tillotson, Speaker NOES: Biddle, Gorman ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ZONING (CODE) AMENDMENT NO. 95-2: 1. The zoning (code) amendment to amend the adult business locational criteria applicable to schools that are frequented by minors (kindergarten to twelfth grade and community colleges) and to any property zoned for residential use will continue to prevent an adverse effect upon children. 2. The zoning (code) amendment to amend the adult business locational criteria will preserve the quality of residential neighborhoods. 3. The adult business locational criteria as amended will continue to reduce crime, protect the city's retail trade, maintain property values, and preserve the quality of commercial districts and the quality of life. 4. The proposed Zoning (Code) Amendment is consistent with the following commercial development and tourism goals and objectives of the City's General Plan. (3.4.2.7) a. To insure commercial development that is economically viable, attractive, well related to other land uses, and satisfies the needs of the City's residents; and b. To promote the development of services and facilities necessary to support a tourist industry by: (1) Continuing to diversify the economic base of the City and increasing the tax base (2) Encouraging development of commercial complexes as centers of activity PC Minutes - 3/28/95 4 (p=026) B-3 CONDITIONAL USE PERMIT NO. 93-1R: APPLICANT: Rosalie Taddeo, 7344 Center Avenue, Huntington Beach, CA 92647 LOCATION: 7344 Center Avenue Conditional Use Permit No. 93-1R represents a request to expand an existing adult business into an adjacent suite at 7344 Center Avenue. The adult business consists of the retail sales of sexually explicit materials, and was authorized by the Planning Commission's conditional approval of Conditional Use Permit No. 93-1 on March 16, 1993. Adult businesses are subject to conditional use permit approval and compliance with locational criteria. Locational criteria contained in Section 211.04C now requires the adult business to be separated from any public or private school by distance of 500 feet. The adult business is located approximately 220 feet from the property line of Golden West College, however, Code Amendment No. 95-2 is being processed to require this separation only when the school is an elementary or secondary school for grades kindergarten through 12. STAFF RECOMMENDATION: Staff is recommending approval of the request with conditions and an effective date concurrent with the effective date of the zoning code amendment based on the following: ♦ It complies with the provisions of the Zoning and Subdivision Ordinance and, based upon Zoning (Code) Amendment No. 95-2 to amend the locational criteria, it will comply with the locational criteria. ♦ Sufficient parking is available for the expansion. ♦ The adult business has been operating at this location in manner compatible with other uses in the immediate vicinity. ♦ It is in conformance with the goals and policies of the General Plan. THE PUBLIC HEARING WAS OPENED. Roger Jon Diamond, 2115 Main Street, Santa Monica, Attorney for the applicant, stated that the exclusion of the wording to exempt community colleges from the code was a drafting error and not the intent of the City Council. Mr. Diamond stated that they had received no complaints from the adjacent tenants or the landlord regarding their business and urged the Commission to approve the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Staff stated that this application could not be approved by the Commission because the existing business is a legal, non -conforming use and that their previous action on the code amendment did not change the use's non -conforming status. PC Minutes - 3/28/95 5 (p=026) Legal Counsel, Paul D'Alessandro, Deputy City Attorney, explained that their previous action to the zoning code would not come into effect until it is approved by City Council. He stated that their option would be to interpret the current existing code relative to schools to either mean the inclusion or exclusion of community colleges. A MOTION WAS MADE BY LIVENGOOD, SECOND BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.93-1R AS RECOMMENDED BY STAFF, USING THE EXISTING CODE. Staff stated that if the Commission acted upon this application using the current code, clear and concise findings would have to be made to make clear their interpretation. THE PREVIOUS MOTION WAS WITHDRAWN BY LIVENGOOD, THE SECOND WAS WITHDRAWN BY BIDDLE. The Commission discussed continuing this item until City Council acted upon Zoning (Code) Amendment No. 95-2. A MOTION WAS MADE BY SPEAKER, SECOND BY HOLDEN, TO CONTINUE CONDITIONAL USE PERMIT NO. 93-1R, UNTIL ZONING (CODE) AMENDMENT NO.95-2 IS ACTED UPON BY THE CITY COUNCIL, AND RE - ADVERTISE THE DATE OF PUBLIC HEARING, BY THE FOLLOWING VOTE: AYES: Holden, Biddle, Kerins, Tillotson, Speaker NOES: Livengood, Gorman ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED FEBRUARY 28, 1995 A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER, TO APPROVE PLANNING COMMISSION MINUTES DATED FEBRUARY 28, 1995, BY THE FOLLOWING VOTE: AYES: Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: Holden MOTION PASSED PC Minutes - 3/28/95 6 (p=026) D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Kerins - reported to the Commission regarding the City Council Bolsa Chica Subcommittee meeting. The major discussion at the meeting revolved around staffs revenue and cost report which shows a $5 million dollar shortfall. Commissioner Biddle - as liaison to the Environmental Board, stated that their was concern among the Board that the review time for negative declarations has recently been inadequate. He stated that the Board is not receiving the negative declarations in time to utilize the full 15 day review period. The Commissioners commented on their recent attendance at the Annual League of California Cities Planners Institute. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING G. ADJOURNMENT A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER, TO ADJOURN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, TUESDAY, APRIL 11, 1995, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl APP OVED BY: )7,,al H d Zelefs ecret ry PC Minutes - 3/28/95 7 (p=026)