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HomeMy WebLinkAbout1995-07-25"PROVED_9/12/95 1 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JULY 25, 1995 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 4:00 PM SEABRIDGE SPECIFIC PLAN CODE AMENDMENT - Susan Pierce GENERAL PLAN UPDATE PRESENTATION AGENDA REVIEW REGULAR MEETING - 7:00 PM 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 COASTAL DEVELOPMENT PERMIT NO. 95-6• APPELLANT: James W. Krause, 16382 Maruffa Circle, Huntington Beach, CA 92649 APPLICANT: Roger Kennedy, 18090 Beach Boulevard, 412, Huntington Beach, CA 92648 LOCATION: 16376 Maruffa Circle (Humboldt Island, Huntington Harbour) Transmitted for your review is an appeal filed by James W. Krause of the Zoning Administrator's approval of Coastal Development Permit No. 95-6, a request to construct a remodel and addition of an approximate 2,290 square foot second story at an existing single story single family residence. The appellant owns the property adjacent to the subject property and contends that the proposed addition will block light and views from his home and will effectively lower his property values. The appellant also argues that the CC & R's that govern the subject property do not permit construction of a two (2) story home if it unreasonably obstructs or impairs the view of the streets, parkways, or waterways from other lots. The appellant , claims that the project will block the above mentioned views. STAFF RECOMMENDATION: Staff recommends the Planning Commission uphold the Zoning Administrator's action and deny the appeal of Coastal Development Permit No. 95-6 because: • The remodel and proposed addition complies with all aspects of the Huntington Beach Zoning and Subdivision Ordinance including setbacks, building height, site coverage, etc. • The remodel and proposed addition complies with all aspects of the California Coastal Act because it will not block any public views or public access to coastal amenities. • The project will result in a two (2) story home that is compatible with the size, bulk, and height of other two (2) and three (3) story homes in the area. • The City does not enforce any CC & R's which may govern impacts to any private view opportunities across the subject property. In a letter dated July 21, 1995, the property owner, Sheila Mosher, requested withdrawal of this application as they were selling the home. Commissioner Kerins stated that he had visited the site and felt that it did not meet with the intent of the Infill Ordinance. He stated that the addition would impact the view of the neighboring home and its value would be diminished. Commissioner Kerins requested that the Infill Ordinance be revisited to address remodeling issues. PC Minutes - 7/25/95 2 (pcm033) A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER, TO WITHDRAW THE APPEAL OF COASTAL DEVELOPMENT PERMIT NO. 95-6, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-2 APPEAL OF CONDITIONAL USE PERMIT NO. 95-30NARIANCE NO. 95-6: APPLICANT: Christy Rael, Environmental Products, 4775 Brookhollow Circle, Riverside, CA 92509 APPELLANT: David Garofalo, City Councilmember LOCATION: 16600 Bolsa Chica (southeast corner of Bolsa Chica and Heil) Transmitted for Planning Commission consideration is an appeal by David Garofalo, Councilmember, City of Huntington Beach, of the Zoning Administrator's approval of Conditional Use Permit No. 95-30 and Variance No. 95-6. The appeal letter notes concerns by surrounding property owners that the proposed use will bring in more noise and trash to the area. Conditional Use Permit No. 95-30 is a request to establish a staffed recycling facility in an existing shopping center parking lot. The facility will consist of two collection containers with a combined area of 352 square feet. It will replace the current recycling service that is available inside the Lucky store. The facility will be open and staffed Thursday -Monday from 10:00 a.m. to 4:00 p.m. The containers will be locked when the facility is not staffed and closed for operation. Variance No. 95-6 is requested for a reduction in three parking spaces. The facility requires four spaces and there is only one extra space at the center. The applicant is requesting to establish the recycling collection containers pursuant to State law which requires recycling centers within the vicinity of supermarkets. PC Minutes - 7/25/95 3 (p=033) STAFF RECOMMENDATION: Staff recommends the Planning Commission uphold the Zoning Administrator's action and approve Conditional Use Permit No. 95-30 and Variance No. 95-6 because: • The use is incidental to the existing retail uses in the shopping center, is compatible with existing activity at the center and is replacing an existing service provided in the Lucky store. • The facility will be open during normal working hours and is buffered from residential areas by existing commercial businesses. The containers will be approximately 200 feet from residential units. • The proposed location of the containers provides for safe and adequate circulation on the site as the drive aisle adjacent to the containers does not serve as an entrance/exit to the site. • The recycling containers will not impact views from Bolsa Chica Street as significantly because of other buildings on the site. The area around the containers will also be maintained so as to not negatively impact views from Heil Avenue. THE PUBLIC HEARING WAS OPENED. Stratton Matinas, 17081 Greentree Lane, property owner on adjacent Regina Circle, submitted to the Commission a petition of opposition from adjacent residents on Regina Circle. They oppose the facility at that location because of further loss of parking for the shopping center. Yvonne Leong, Regina Circle, property manager on Regina Circle, spoke in opposition to the facility at the proposed location. She stated that it would create excessive noise and trash. Doug Leong, 16501 Regina Circle, spoke in opposition to the request stating it would create excessive noise. Christy Rael, Environmental Products, 4775 Brookhollow Circle, Riverside, applicant, stated that a recycling center was mandatory by state law. If their manned recycling facility was denied, recycling vending machines would have to be placed there. Ms. Rael stated that the hours would be from 9:00 AM - 4:00 PM, it would be constantly manned by an attendant and would be inspected periodically by the company and the state. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 7/25/95 4 (pcm033) The Commission asked staff to clarify State law regarding the recycling centers. Staff stated that the State requires a recycling center (either truck or vending type) within one- half (1/2) mile of a supermarket. The State allows the supermarket to choose the recycling vendor, and will level civil penalties if no vendor is placed. The center has been recycling inside the store while in the process of this application. The majority of the Commission stated their concern with using a recycling truck in this center, and were more comfortable with a vending type recycling operation. Their concerns included inadequate parking, excessive noise and trash, and aesthetics. A MOTION WAS MADE BY LIVENGOOD, SECOND BY BIDDLE TO OVERTURN THE ZONING ADMINISTRATOR'S ACTION AND DENY CONDITIONAL USE PERMIT NO. 95-30 AND VARIANCE NO. 95-6 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Speaker NOES: Tillotson ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - VARIANCE NO. 95-6: 1. The granting of Variance No. 95-6 for a reduction of three (3) parking spaces is not necessary to preserve the enjoyment of one or more substantial property rights. A recycling center could be provided at the shopping center via reverse vending machines which would not have to be located in existing parking stalls. 2. There are no special circumstances applicable to the subject property, including size, shape, location or surroundings, which result in the strict application of the Zoning Ordinance depriving the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The site is fully developed and could provide an alternative means for recycling facilities. 3. The granting of Variance No. 95-6 will be materially detrimental to the public welfare or injurious to property in the same zone classifications. The subject property has already received a variance for a reduction in parking at the time of an expansion of the supermarket. A further reduction in parking will have a negative effect on employees and customers of the center. 4. The granting of Variance No. 95-6 will constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The Huntington Beach Zoning and Subdivision Ordinance requires that sufficient parking be provided on site. PC Minutes - 7/25/95 5 (p=033) FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO.95-30: 1. Conditional Use Permit No. 95-30 for the establishment, maintenance and operation of a staffed recycling facility will be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. The recycling collection containers will be visible from Heil Avenue, having negative visual impacts to the neighboring residents and uses. Noise generated by the use will affect area residents and commercial uses. 2. The proposed recycling center will not comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. The proposed facility does not have adequate parking at the proposed site. B-3 CONDITIONAL USE PERMIT NO. 95-44: APPLICANT: Jeff Bergsma, 221 Main Street, Huntington Beach, CA 92648 LOCATION: 508 Main Street (southeast corner Main Street and Sixth Avenue) Conditional Use Permit No. 95-44 is a request to establish a liquor store in an existing 1,250 square foot building. The business will be relocated from its former location at 526 Main Street where it has operated for the past 12 years. The hours of operation will be 8:00 a.m. to 11:00 p.m. These are the same hours that the liquor store had in its former location. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Conditional Use Permit No. 95-44 with findings and suggested conditions of approval for the following reasons: • The proposed use will not adversely affect the General Plan of the City of Huntington Beach. The use is consistent with the General Plan Mixed Use land use designation and zoning for the location which permits the sale of alcohol beverages in conjunction with standard commercial use. The on -site sale of alcohol at the liquor store will not be detrimental to the general welfare of persons working or residing in the vicinity and will be compatible with adjacent and surrounding commercial and residential uses. Residential uses are separated from the store by an alley or a street or are oriented away from the liquor store entrance and parking area, and the liquor store has operated in the area with these uses for 12 years. PC Minutes - 7/25/95 6 (pcm033) THE PUBLIC HEARING WAS OPENED. - Jo Christian -Craig, Lala Street, adjacent resident, spoke in support of the request as the current owner is a responsible business owner and the business will be an improvement to the neighborhood. Jeff Bergsma, 924 Main Street, applicant and architect, stated that the move would be a positive change for the neighborhood. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER, TO APPROVE CONDITIONAL USE PERMIT NO. 95-44 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95-44: 1. The granting of Conditional Use Permit No. 95-44 will not adversely affect the General Plan of the City of Huntington Beach. The proposed liquor store is consistent with the General Plan Mixed Use land use designation and zoning for the location which permits the sale of alcohol beverages in conjunction with standard commercial use. 2. The establishment, maintenance and operation of the liquor store will not be detrimental to the general welfare of persons working or residing in the vicinity nor be detrimental to the value of the property and improvements in the neighborhood. The proposed use will be compatible with adjacent and surrounding commercial and residential uses. Residential uses are separated from the store by an alley or a street or are oriented away from the liquor store entrance and parking area, and the liquor store has operated in the area with these uses for 12 years. 3. The proposed liquor store will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. The use complies with the Downtown Specific Plan and the applicant is willing and able to carry out the purpose of Conditional Use Permit No. 95-44 without necessary delay. PC Minutes - 7/25/95 7 (p=033) 4. The location, site layout, and design of the proposed liquor store properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The site is fully developed and has adequate access and internal circulation. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95-44: 1. The site plan, floor plans and elevations received and dated May 18, 1995 shall be the conceptually approved layout with the following modifications: a. Bike racks shall be provided on site. b. Note on plans that address numbers will be installed to comply with City specification 9428. The size of the numbers will be a minimum of six (6) inches with a brush stroke of one and one-half inches. (FD) 2. The use shall conform to the following: a. No telephones will be located on the site exterior to the building. b. Hours of operation shall be limited to between 8:00 a.m. - 11:00 p.m., daily. I All applicable Public Works fees shall be paid. (PW) 4. Prior to approval of the Certificate of Occupancy, the following shall be completed: a. Restripe the parking area per the Huntington Beach Zoning and Subdivision Ordinance. b. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 to the Department of Community Development for review and approval and inclusion in -the entitlement file. c. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. This will be noted on plans. (FD) d. All improvements installed pursuant to the approved site plan. 5. Signage for the convenience/liquor store shall not contain the word "liquor." All signs shall conform with the Huntington Beach Zoning and Subdivision Ordinance. 6. The Planning Commission reserves the right to revoke Conditional Use Permit No. 95- 44 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. PC Minutes - 7/25/95 8 (p=033) CODE REOUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. Prior to final inspection, Traffic Impact Fees shall be paid. 3. Conditional Use Permit No. 95-44 shall 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 Commission pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. B-4 GENERAL PLAN AMENDMENT NO. 94-2/ENVIRONMENTAL IMPACT REPORT NO. 94-1 - COMPREHENSIVE UPDATE OF THE HUNTINGTON BEACH GENERAL PLAN (CONTINUED FROM THE JULY 18, 1995 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: City Wide General Plan Amendment No. 94-2/Environmental Impact Report No. 94-1 is the comprehensive update of the city's General Plan. Since its adoption in December of 1976, the General Plan has undergone incremental updates to reflect the changing needs of the city; however no comprehensive update has occurred since the initial adoption. Due to changing community needs, population makeup, laws and development patterns, the General Plan is being updated to reflect current conditions. The Planning Commission began the public hearing process on July 18, 1995, and continued the public hearing open to the meeting of July 25, 1995. Planning staff will continue to present the draft General Plan to the Planning Commission over the next several meetings. The draft General Plan contains 13 elements; three of which were approved by straw votes at the meeting of July 18, 1995. Three additional elements are presented for your review tonight. The remaining seven elements will be presented over the next several Planning Commission meetings. The review of the draft General Plan will not include the Housing, Coastal, and Growth Management Elements. These three elements will be updated at a later date. It is anticipated that the review of the draft General Plan will require a minimum six public hearings. Additional meetings may be scheduled as warranted. STAFF RECOMMENDATION: Staff recommends that the Planning Commission take straw votes on the draft elements and, continue the Public Hearing on General Plan Amendment No. 94-2/Environmental Impact Report No. 94-1 to the next scheduled Planning Commission meeting of August 8, 1995. PC Minutes - 7/25/95 9 (p=033) THE PUBLIC HEARING WAS OPENED. Mark Porter, President Huntington Beach Tomorrow, presented a handout to the Commission with comments that were meant to better define the existing document or changes. Ron Shenkman, 15682 Sunflower Lane, representing Cal Resources, suggested updating the information in the Air Quality Section 4.39, Number 3. Mr. Shenkman stated that the 1989 information is probably grossly inadequate. He said the gas plant was removed and replace with a state of the art gas plant. He also stated that the "Shell Western" name had been changed to "Cal Resources." Richard Harlow, 211 Main Street, member of the GPAC, stated that he felt the public hearing process could be improved since there were few public comments relative to this important document. Jim McLaughlin, 9112 Playa Drive, Director of Huntington Beach/Fountain Valley Board of Realtors, stated his concern with property owners rights in the Environmental Resources & Conservation Element, and requested that the Commission look this section over. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. THE PLANNING COMMISSION TOOK STRAW VOTES ON THE DRAFT NOISE ELEMENT, ENVIRONMENTAL RESOURCES & CONSERVATION ELEMENT, AND AIR QUALITY ELEMENT; AND CONTINUED WITH PUBLIC HEARING OPEN TO THE AUGUST 8, 1995 PLANNING COMMISSION MEETING. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JUNE 27, 1995 A MOTION WAS MADE BY BIDDLE, SECOND BY TILLOTSON, TO APPROVE PLANNING COMMISSION MINUTES DATED DUNE 27, 1995, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: Gorman MOTION PASSED PC Minutes - 7/25/95 10 (pcm033) D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMSANOUIRIES Commissioner Gorman - stated that Commissioner Kerins and Commissioner Livengood would be serving on the newly formed City Council GPAC Subcommittee with Commissioner Biddle being the alternate. E-1 PLANNING COMMISSION SUBCOMMITTEE REPORTS None F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director - restated actions taken at the July 24, 1995, City Council meeting. G. ADJOURNMENT Adjourn to the August 1, 1995, Special Planning Commission Study Session at 4:00 PM and then to the scheduled meeting of August 8, 1995 for a 4:00 PM Study Session and regular meeting at 7:00 PM. A MOTION WAS MADE BY GORMAN, SECOND BY TILLOTSON, TO ADJOURN TO A 4:00 PM STUDY SESSION ON AUGUST 1, 1995, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl APP VED BY: 1 7, &4 and Zelef , Sec tary 1?lannio Commission Chairperson PC Minutes - 7/25/95 11 (pcm033)