HomeMy WebLinkAbout1995-10-24MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, OCTOBER 24, 1995
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION - 4:00 PM
GENERAL PLAN ELEMENT REVIEW
A. Circulation Element
B. Land Use Element (land use changes)
C. Outstanding Issues
REGULAR N'IEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
P P P P P P P"
ROLL CALL: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker
AGENDA APPROVAL - Non Public Hearing Items D-1 and D-2 were brought to the
front of the agenda by a majority vote
Please note that the mutes will reflect actions taken in their oriPinal order.
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 LAND USE ELEMENT (REVIEW LAND USE CHANGES) - GENERAL
PLAN AMENDMENT NO.94-2/ENVIRONMENTAL IMPACT REPORT
NO. 94-1 - COMPREHENSIVE UPDATE OF THE HUNTINGTON BEACH
GENERAL PLAN (CONTINUED FROM THE OCTOBER 10, 1995
PLANNING COMMISSION MEETING):
APPLICANT: City of Huntington Beach
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. The public
hearings on the General Plan update began on July 18, 1995. The Planning Commission at
the meeting of October 10, 1995, continued the public hearings open to the meeting of
October 24, 1995.
The draft General Plan contains 13 elements; eleven of which have been approved by the
Commission (by straw votes) at their meetings of July 18 & 25, August 8 & 22, and
September 12, 1995. At the meetings of September 26, and October 10, I995, the
Commission received public testimony on the proposed land use map recommendations
and took straw votes on 65 of the proposed 96 recommended changes. In addition, the
Commission through out this process has set aside some outstanding issues for review and
consideration at a later date. The Commission will continue the review of the remaining
31 land use map recommendations. Any outstanding land use map recommendations will
be reviewed at the November 14, 1995 Planning Commission meeting.
Chairman Gorman stated that map areas #61, #62, #83, #95 would be discussed at the
November 14, 1995 Planning Commission meeting and map areas # 90 and #93 would be
heard at the November 28, 1995 Planning Commission meeting.
THE PUBLIC HEARING WAS OPENED.
Mark Porter, 19561 Topeka lane, Huntington Beach Tomorrow, stated that in map area
#70 he would prefer that it retain the Industrial designation; in map area #72 and #74 he
suggested the density be 15/acre; in map area #78 he is in agreement with staff to retain
the Open Space Recreation designation; in map area #86 he felt the density was to high;
and in map area #89 he is in agreement with staff to designate as Open Space Park.
PC Minutes - 10/24/95 2 (p=040)
Bill Holman, 23 Corporate Plaza Drive, #250, Newport Beach, Huntington Beach
Company, stated his agreement with staff recommendations except map area #70 he felt
should retain the Industrial General designation.
Marjorie Campos, 18175 Vallea Circle, map area #95, spoke in opposition of the
recommendation to retain as Residential Low Density.
John P. Erskin, 18101 Von Karman, Ste. 1800, Irvine, map area #70, spoke in opposition
to any change, recommending that it retain the Industrial General designation.
Steve Thomson, 7601 Clay Avenue, map area #70, spoke in opposition to any change,
recommending that it retain the Industrial General designation.
Gilbert Ivey, 350 S. Grand Avenue, Los Angeles, Metropolitan Water District, map area
978, agreed with staff recommendation to retain Open Space Recreation designation.
Commissioner Holden stated that he was not aware that the Metropolitan Water District
was a major property owner in this area and stated he would not be prepared to make a
straw vote until he had further information and time to review it.
Gerald Chapman, 6742 Shine Circle, GPAC member, map areas #81, and 482, spoke in
support of the GPAC recommendation.
William Ott, 8782 Conner Drive, map area #86, disagreed with staff recommendation
stating the area was more suited to an Industrial designation.
Michele Krenzin, 8802 Conner Drive, map area 986, spoke in support of staff
recommendation to retain as Residential Low Density.
Josef Wuerer, 2134 N. Greenleaf Street, Santa Ana, map area 487, spoke in support of
staff recommendation to retain as Commercial General.
Hun S. Kwon, 19351 Beach Blvd., map area 988, spoke in support of staff
recommendation to retain as Commercial General.
Jackie Hewitt, 8321 Kiner Avenue, map area #95, spoke in opposition to any change in
this area.
Marc Hewitt, 8321 Kiner Avenue, map area #95, spoke in opposition to any change in this
area.
Marvin Josephson, 18162 Pemberco Circle, map area #95, spoke in opposition to any
change in this area. Mr. Josephson submitted a petition of opposition with 251 signatures.
PC Minutes - 10/24/95 3 (pcm04O)
Robert F. Cronk, 18312 Hartlund Lane, map area #95, spoke in opposition to any change
in this area.
Howard L. Schoonover, 18171 Pemberco Circle, map area #95, spoke in opposition to
any change in this area.
Gary Jenkins, 18201 Wharton, map area #95, spoke in opposition to any change in this
area.
Debbie Josephson, 18162 Pemberco Circle, map area #95, spoke in opposition to any
change to this area.
Commissioner Holden questioned staff in regards to the history of the school site closure
in map area #95. Staff stated that as the City has first right of refusal, when the school
went on the market a Notice of Sale was sent to the City Council. City Council denied
acquisition of the site and now it is on the market for sale to the public.
V.L. Petran, 8161 Sterling Avenue, map area 495, spoke in opposition to any change in
this area.
Shane Lapier, 8111 Sterling Avenue, map area #95, spoke in opposition to any change in
this area.
Avis Ryan, 18152 Pemberco Circle, map area #95, spoke in opposition to any change in
this area.
Jean S. Pinigis, 18172 Vallea Circle, map area 995, spoke in opposition to any change in
this area.
Barbara Adams, 8171 Sterling Avenue, map area #95, spoke in opposition to any change
in this area.
Karen Lapier, 8111 Sterling Avenue, map area #95, spoke in opposition to any change in
this area.
Hush E. Waterman, 18362 Hartlund Lane, map area #95, spoke in opposition to any
change in this area.
Dale Hoover, 8262 Talbert Avenue, map area #95, spoke in opposition to any change in
this area.
Craig Pierce, 8192 Kiner, map area 995, spoke in opposition to any change in this area.
PC Minutes - 10/24/95 4 (p=040)
George Bello, 18211 Lisa Lane, map area #95, spoke in opposition to any change in this
area.
Lori Holly, 18301 Lisa Lane, map area #95, spoke in opposition to any change in this
area.
Ed Bixler, 18281 Lisa Lane, map area #95, spoke in opposition to any change in this area.
Joel Moore, 18282 Lisa Lane, map area #95, spoke in opposition to any change in this
area.
Maria Toledo -Castillo, 18182 Lisa Lane, map area #95, spoke in opposition to any change
in this area.
Robin O'Mahirry, 18202 Lisa Lane, map area #95, spoke in opposition to any change in
this area.
Mark Wilson, 8341 Gladys Avenue, map area #95, spoke in opposition to any change in
this area.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR
AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED
OPEN TO THE NOVEMBER 14, 1995, PLANNING COMMISSION MEETING.
The Commissioners took straw votes on map areas 67 through 96 (see proposed
GPAC Land Use Recommendations Matrix as of November 14, 1995, General
Plan Amendment No. 94-2 file).
STRAW VOTES WERE TAKEN ON A PORTION OF THE LAND USE
ELEMENT AND THE PUBLIC HEARINGS ON GENERAL PLAN
AMENDMENT NO.94-2 AND ENVIRONMENTAL IMPACT REPORT NO. 94-1
WERE CONTINUED TO THE NOVEMBER 14,1995 PLANNING COMMISSION
MEETING.
PC Minutes - 10/24/95 5 (p=040)
B-2 ZONING TEXT AMENDMENT NO.95-4 (CONTINUED FROM THE
AUGUST 8, 1995, PLANNING COMMISSION MEETING):
APPLICANT: City of Huntington Beach, Department of Community
Development
LOCATION: City Wide.
Zoning Text Amendment No. 95-4 is a request to amend the procedure applicable to the
appeal of a decision filed by a City Council Member or a Planning Commissioner. The
amendment will change the appeal procedures to require a minimum of two (2) City
Council members or two (2) Planning Commissioners to file, without fee, an appeal to a
decision of the Director, Design Review Board, Environmental Assessment Committee,
Subdivision Committee, Planning Commission, or Zoning Administrator. Zoning Text
Amendment No. 95-4 was continued from the August 8 and September 26, 1995,
Planning Commission meetings.
STAFF RECOMMENDATION:
The Planning Commission may consider recommending adoption, denial, or amending the
proposed zoning text amendment which will continue to allow the processing of appeals
to planning and zoning decisions. The modified appeal procedure will minimize the
processing of appeals without cost recovery.
THE PUBLIC HEARING WAS OPENED.
Mark Porter, 19561 Topeka Lane, Huntington Beach Tomorrow, spoke in opposition to
the request to amend the Zoning Ordinance. Mr. Porter stated that he felt the fees were
too high.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR
AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The majority of the Commission stated that they see no abuse of the system as it stands.
There was also concern that to much discussion would occur between the Commissioners
prior to the public hearing if they had to lobby for another Commissioner to get the
appeal.
PC Minutes - 10/24/95 6 (pcm04O)
1
A MOTION WAS MADE BY BIDDLE, SECOND BY KERINS, TO DENY
ZONING TEXT AMENDMENT NO.95-4 WITH FINDINGS AND FORWARD TO
CITY COUNCIL WITH RECOMMENDATION FOR DENIAL, BY THE
FOLLOWING VOTE:
AYES: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
FINDINGS FOR DENIAL - ZONING TEXT AMENDMENT NO. 95-4:
1. Zoning Text Amendment No. 95-4 to amend the Huntington Beach Zoning and
Subdivision Ordinance to require a minimum of two (2) City Councilmembers or two
(2) Planning Commissioners to file an appeal will not be in conformity with public
convenience, general welfare, and good zoning practices. It will make the appeal
process more cumbersome and it will not result in a reduction in the number of
appeals. It will result in discussions on the subject appeal between
Commissioners/Councilmembers prior to the public hearing if they had to lobby for
another Commissioner/Councilmember. The current Huntington Beach Zoning and
Subdivision Ordinance allows only one (1) City Councilmember or Planning
Commissioner to file an appeal.
2. The proposed Zoning Text Amendment No. 95-4 will not result in significant savings
in appeal processing costs. Almost the same number of appeals will occur if a
minimum of two (2) City Councilmember or Planning Commissioners are required to
appeal. The current appeal process will continue to require submittal of an appeal fee
for appellants other than City Councilmembers or Planning Commissioners to offset
processing costs as identified by the Management Services Institute report which
addressed the City's revenues and expenditures.
3. The proposed zoning text amendment is not necessary. A procedure exists in the
Huntington Beach Zoning and Subdivision Ordinance to allow appeals to be filed by a
City Councilmember or Planning Commissioner to ensure that decisions are consistent
with objectives, policies, general land use decisions and programs specified in the
General Plan.
PC Minutes - 10/24/95
7
(pcm04O)
C. CONSENT CALENDAR
C-1 PLANNING COMMISSION MINUTES DATED AUGUST 22 1995
A MOTION WAS MADE BY BIDDLE, SECOND BY KERINS, TO APPROVE
THE PLANNING COMMISSION MINUTES DATED AUGUST 22, 1995, BY THE
FOLLOWING VOTE:
AYES:
Holden, Livengood, Biddle, Kerins, Tillotson, Speaker
NOES:
None
ABSENT:
None
ABSTAIN:
Gorman
MOTION PASSED
C-2 PLANNING COMMISSION MINUTES DATED SEPTEMBER 12, 1995
A MOTION WAS MADE BY KERINS, SECOND BY BIDDLE, TO APPROVE
THE PLANNING COMMISSION MINUTES DATED SEPTEMBER 12, 1995, BY
THE FOLLOWING VOTE:
AYES: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
D. NON-PUBLIC HEARING ITEMS
D-1 GENERAL PLAN CONFORMANCE NO. 95-4:
APPLICANT: Dominick Tomaino
LOCATION: Northeast corner of Island Bay Lane and Palm Avenue.
General Plan Conformance No. 95-4 is a request is to determine if the vacation of a 273 square
foot portion of right-of-way on the northeast comer of Island Bay Lane and Palm Avenue is in
conformance with the goals, objectives, and policies of the General Plan. The proposed
vacation would allow the applicant to develop the east side of Island Bay Lane similar to the
west side of Island Bay Lane.
PC Minutes - 10/24/95 8 (p=040)
Currently, at the intersection of Palm Avenue, the east and west side of Island Bay Lane has
two different street scenes. The west side is constructed with a sidewalk adjacent to the street,
a two foot wide planting strip, and then a residential wall. The east side is constructed with a
four foot planting strip adjacent to the street, a four foot sidewalk, a planting strip, and then a
residential wall.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission approve General Plan Conformance No. 95-4
for the following reasons:
• The proposed vacation is in conformance with the goals and policies of the Land Use and
Circulation Elements of the General Plan;
• The proposed vacation of property will allow the City to conserve maintenance costs and
utilize landscape maintenance personnel in a more efficient manner;
• The proposed vacation of property will allow both the east and west side of Island Bay
Lane to be developed in a similar manner; and,
e Safe pedestrian and vehicular movement will be maintained.
The applicant Nick Tomaino, 6812 Scenic Bay Lane, explained to the Commission that he
was requesting to vacate this portion of right-of-way to eliminate the burden of continued
maintenance and landscaping of the easement. Mr. Tomaino stated that he was prepared
to meet the requirements of moving the wall and leaving a six (6) foot wide sidewalk.
This would result in a design compatible with the surrounding neighborhood.
A MOTION WAS MADE BY LIVENGOOD, SECOND BY BIDDLE, TO
APPROVE GENERAL PLAN CONFORMANCE NO. 95-4 BY ADOPTING
RESOLUTION NO. 1508 WITH FINDINGS AND MODIFIED 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 - GENERAL PLAN CONFORMANCE NO. 95-4:
1. The proposed vacation of 273 square feet of right-of-way conforms with the goals,
objectives, and policies of the Land Use and Circulation Element of the General Plan.
Especially by maintaining the safe and efficient movement of pedestrian and vehicular
traffic and by allowing the creation of a consistent street scene.
PC Minutes - 10/24/95
(p=040)
2. The proposed vacation of 273 square feet of right-of-way will allow the a consistent
street scene to be developed on both sides of Island Bay Lane. A consistent street
scene provides continuity and helps to create identity for the neighborhood.
3. The proposed vacation of 273 square feet of right-of-way will maintain a safe and
efficient movement of pedestrian and vehicular traffic by providing a six foot sidewalk.
4. The proposed vacation of 273 square feet of City maintained right-of-way allows the
street scene to be developed in a consistent manner and allows the adjacent property
owner to assume responsibility for maintenance of the property. This will allow the
City to save maintenance costs and utilize landscape maintenance personnel in a more
efficient manner.
CONDITIONS OF APPROVAL - GENERAL PLAN CONFORMANCE NO. 95-4:
1. The plans dated October 19, 1995 shall be the approved plans with the following
modifications:
a. A six (6) inch wide, six (6) inch deep concrete separation (Mow Strip) shall be
provided on the private property side of the northern boundary of Lot F. The
Mow Strip shall run east -west between the realigned sidewalk and the property
wall.
2. A minimum 2 foot wide planting strip between the relocated property line and
sidewalk and the proposed six foot wall on the east side of Island Bay Lane shall be
landscaped and maintained by the property owner.
D-2 CONDITIONAL USE PERMIT NO.94-8 - SIX (6) MONTH REVIEW:
APPLICANT: Waterfront Construction #1
LOCATION: North side of Pacific Coast Highway between Huntington Street
and Beach Boulevard (southeast side of Waterfront Hilton Beach
Resort).
Conditional Use Permit No 94-8, to allow the use of two (2) tents in conjunction with
functions at the Waterfront Hilton Beach Resort, was approved by the Planning
Commission in May 1994. A review of the use was required as a condition of approval.
PC Minutes - 10/24/95 10 (p=040)
STAFF RECOMMENDATION:
No complaints have been filed with the City's Code Enforcement staff or the Police
Department regarding hotel functions in the tents. The applicant has also complied with
all conditions of approval Therefore, staff recommends that the six (6) month review be
approved.
A MOTION WAS MADE BY BIDDLE, SECOND BY TILLOTSON, TO
APPROVE THE SIX (6) MONTH REVIEW OF CONDITIONAL USE PERMIT
NO. 94-8 AND NOT SCHEDULE ANY ADDITIONAL REVIEWS, BY THE
FOLLOWING VOTE:
AYES: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
E. PLANNING COMMISSION ITEMS/INOUIRIES
Commissioner Livengood - asked staff why all the outdoor dining request
hearings before the Zoning Administrator had been continued to February, 1996.
Staff explained that the City Council is currently considering a public right-of-way
use fee for outdoor dining and the outdoor dining requests would be heard when
the fee is established.
Commissioner Biddle - requested that staff investigate any remedies to the
Chevron trucks using Talbert Avenue at all hours, as revealed by earlier public
comments.
Commissioner Gorman - requested that legal counsel investigate and report back
to the Commission any information on previous school site sales and what rights
the City may have in these sales. Paul D'Alessandro, Deputy City Attorney, stated
that he would investigate and submit a report to the Commission.
E-1 PLANNING COMMISSION SUBCOMMITTEE REPORTS
Commissioner Livengood - stated that there would be a City Council General
Plan Amendment Sub -committee meeting Thursday, October 26, 1995, at 8:00
AM at City Hall.
PC Minutes - 10/24/95 11 (pcm04O)
F. COMMUNITY DEVELOPMENT ITEMS
F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Howard Zelefsky, Planning Director - stating actions taken at the previous City
Council meeting and items coming to the next City Council meeting.
F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING
Scott Hess, Senior Planner - reviewed the items for the November 14, 1995,
Planning Commission meeting.
G. ADJOURNMENT
Adjourn to the November 14, 1995, Study Session at 4:00 PM and then to the
regularly scheduled meeting at 7:00 PM
A MOTION WAS MADE BY GORMAN, SECOND BY BIDDLE, TO ADJOURN
TO A 4:00 PM STUDY SESSION ON NOVEMBER 14, 1995, AND THEN TO
REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00
PM, BY THE FOLLOWING VOTE:
AYES:
Holden, Livengood, Biddle, Kerins, Tillotson, Speaker
NOES:
None
ABSENT:
Gorman
ABSTAIN:
None
MOTION PASSED
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APP D BY:
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Chairperson
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PC Minutes - 10/24/95 12 (p=040)