HomeMy WebLinkAbout1999-03-09MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, MARCH 9,1999
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION - 5:00 PM
(Room B-8)
HOW TO DO BUSINESS IN THE CITY OF HUNTINGTON BEACHICODE ENFORCEMENT
— Scott Hess/Mike Strange
COASTAL ELEMENT UPDATE — Mary Beth Broeren
AGENDA REVIEW — Scott Hess
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
P P P P P P P
ROLL CALL: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
AGENDA APPROVAL
A. ORAL COMMUNICATIONS
NnNV
B. PUBLIC HEARING ITEMS
B-1 CONDITIONAL USE PERMIT NO.98-83/VARIANCE NO.98-25 (EDINGER
SERVICE STATION/MINI MART/CAR WASH):
APPLICANT: Bernard Daliri
LOCATION: 5002 Edinger (southeast corner of Edinger Avenue and Bolsa Chica
Street)
PROJECT
PLANNER: Joseph Thompson
Conditional Use Permit No. 98-83 and Variance No. 98-25 represent a request by Bernard Daliri
to permit construction of a new gas station. The proposal includes construction of a 1,470 square
foot convenience market, 900 square foot self-service car wash, and 2,476 square foot canopy
covering two self -serve pump islands with four dual sided pumps. A variance is requested, as
the construction of the new gas station with convenience market and self-service car wash is
proposed with six (6) parking spaces in lieu on the minimum ten (10) and the subject parcel does
not comply with minimum lot size requirements for a gas station (16,791 square feet in lieu of
22,500 square feet).
STAFF RECOMMENDATION:
Staff recommends denial of Conditional Use Permit No. 98-83 and Variance No. 98-25 for the
following reasons:
• The proposed use will not be compatible with the Commercial General land use designation
of the General Plan and surrounding land uses.
• The project would constitute a grant of special privilege.
• The number of proposed uses would be too intensive for the site, which is substandard per
the Zoning and Subdivision Ordinance.
• The number of parking spaces is substantially less than what is required by the Zoning and
Subdivision Ordinance.
• The level of noise produced by the car wash exceeds what is allowed by the Municipal Code.
THE PUBLIC HEARING WAS OPENED.
Harry Ericton, 3328 Alabama Circle, Costa Mesa, representing applicant, gave a brief overview
of the request. He stated that the applicant has been the owner of the property and former use
since 1992. The previous use was a three (3) lube bay gas station and the applicant was under
the impression when he demolished he would be able to rebuild and upgrade the site. He stated
that in today's market the applicant needs to supply his customers with the type of amenities
requested to stay competitive in the market, and that requires a car was and mini mart with gas
sales.
Bernard Daliri, applicant, gave a brief history of the previous gas station. He stated he
demolished the use to rebuild a modern project. He also stated that the reasoning for the
additional amenities was to stay competitive in the market.
Ed Norris, Traffic Engineer who conducted traffic study, stated that the variable used in the
traffic study was the average daily traffic at the adjacent intersection. He stated the weekday
(Thursday) the study was taken was comparable to a summer weekend day in amount of traffic.
He also stated that the future residential project to be built at Meadowlark will not impact the
traffic situation at a significant level.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission discussed and were concerned about the accuracy of traffic study, that a finding
of hardship could not be shown and the notification of surrounding property owner and
businesses.
A MOTION WAS MADE BY LAIRD, SECONDED BY MANDIC, TO APPROVE STAFF
ALTERNATIVE B, BY THE FOLLOWING VOTE:
AYES: Laird, Speaker, Mandic
NOES: Kerins, Chapman, Biddle, Livengood,
ABSENT: None
ABSTAIN: None
MOTION FAILED
PC Minutes — 3/9/99 2 (99PCM309)
1
The Commission discussed a continuance to allow findings and conditions of approval to be
submitted by staff regarding the Alternative Actions to approve, show the landscaping on the
plan, show different options of the plan (e.g. remove the car wash), and compare the proposed
use with three (3) other uses that are similar in nature and on an major arterial.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY LAIRD, TO CONTINUE
CONDITIONAL USE PERMIT NO.98-83 AND VARIANCE NO.98-25 TO A SPECIAL
MEETING ON MARCH 30,1999, BY THE FOLLOWING VOTE:
AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
B-2 GENERAL PLAN AMENDMENT NO.99-1/ZONING TEXT AMENDMENT
NO.99-1/ ZONING MAP AMENDMENT NO.99-1/LOCAL COASTAL
PROGRAM AMENDMENT NO. 99-1(PCH LOT REDESIGNATIONS):
APPLICANT: City of Huntington Beach
LOCATION: Two (2) half -blocks (20 lots total - 1.82 net acres total) on the north side
of Pacific Coast Highway, between 16a' and 18a' Streets.
PROJECT
PLANNER: Cindy Chau
Transmitted for Planning Commission review is a request by the City of Huntington Beach for
the approval of a General Plan Amendment, Zoning Text Amendment, Zoning Map
Amendment, and Local Coastal Program Amendment for the re -designation of 20 lots consisting
of 1.82 net acres from Visitor Serving Commercial to Residential, High -Density, maximum 30
units per net acre, in accordance with the Downtown Specific Plan. The change in land use
designation would allow one single family dwelling on each lot (20 units) or a maximum
number of 55 multi -family units, if the contiguous lots were consolidated. However, no
development is being proposed in conjunction with this application. The 20 lots are currently
owned by various property owners.
This project has been continued from the October 27, 1998 meeting. The original proposal
consisted of the same entitlements. However, the project site was originally composed of three
half -blocks, with the addition of the half -block located between Golden West Street and Pacific
Coast Highway. The Planning Commission approved the project, with the exclusion of the
project site and asked staff to further study the area and schedule a study session in the future. A
study session was held on January 26, 1999 and staff presented additional information, including
illustrations of possible development scenarios on the project sites.
PC Minutes — 3/9/99
(99PCM309)
STAFF RECOMMENDATION:
Staff is recommending approval of the request for the following reasons:
• The proposed General Plan Amendment, Zoning Text Amendment, and Zoning Map
Amendment to re -designate 20 lots from Visitor Serving Commercial to Residential is
consistent with the northerly, easterly, and westerly areas which allow for single family or
multi -family units.
Each of the 20 lots is consistent with the minimum parcel size requirements for the proposed
zoning.
• The loss of 1.82 net acres designated for Visitor Serving Commercial has been off -set by the
recent General Plan update which re -designated approximately 142 acres (between Golden
West and Seapoint and Palm Avenues) from oil production to mixed use, which would allow
commercial development along Pacific Coast Highway for an approximate length of 6,250
feet. Also, a General Plan Amendment in 1995 re -designated a 1.9 acre site between 6t' and
8'` Streets from Residential to Visitor Serving Commercial.
• The project area is better suited for a residential development rather than a commercial
development because of the project site's size and limited access.
Commissioner Mandic stated that she would be abstaining from taking action on this request
pursuant to Planning Commission By-laws regarding conflict of interest.
THE PUBLIC HEARING WAS OPENED.
Dick Kelter, 119-22nd Street, property owner, spoke in support of the proposed request.
Kevin Kelter, 18281 Gothard Street, Suite 201, property owner, spoke in support of the proposed
request.
Duf Sfreddo, 429 Orange Blossom, Irvine, property owner, spoke in support of the proposed
request.
Dr. Vermika Tracy -Smith, 114-18'' Street, spoke in support of the proposed request and
requested that staff consider undergrounding of the utilities during construction processes.
Scot Campbell, 406 Townsquare, spoke in support of the proposed request.
Peter Feherveri, 223-17a' Street, stated concern regarding the current parking situation in the
area. He stated that the Commission should ensure that projects have sufficient parking
requirements included in the approval. He also stated that a zone change should not be approved
until a project proposal for the site is submitted.
Lenny Lindborg, 24 No. La Semda, Laguna Beach, property owner, spoke in support of the
proposed request. Submitted a copy of future plans for his property.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
PC Minutes — 3/9/99
4
(99PCM309)
1
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KERINS, TO APPROVE
GENERAL PLAN AMENDMENT NO.99-1, ZONING TEXT AMENDMENT NO.99-1,
ZONING MAP AMENDMENT NO.99-1 AND LOCAL COASTAL PROGRAM
AMENDMENT NO.99-1 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL
FOR APPROVAL, BY THE FOLLOWING VOTE:
AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
FINDINGS FOR ZONING TEXT AMENDMENT 99-1/ZONING MAP AMENDMENT 99-1:
1. Zoning Text Amendment No. 99-1 and Zoning Map Amendment No. 99-1 to change the
zoning on three half -blocks totaling 1.82 net acres from Downtown Specific Plan District 1
(Visitor -Serving Commercial) to Downtown Specific Plan District 2 (Residential) is
consistent with the objectives, policies, general land uses and programs specified in the
General Plan and any applicable specific plan. The proposed changes are consistent with
General Plan Amendment No. 99-1 which is being processed concurrently. The land uses in
the surrounding area are consistent with the proposed change in zoning and at the time of
development, there will be appropriate infrastructure and services available to support
residential development.
2. In the case of a general land use provision, the zoning map amendment is compatible with
the uses authorized in, and the standards prescribed for, the zoning district for which it is
proposed. The changes proposed would be compatible with uses in the vicinity which are
residential and open space.
3. A community need is demonstrated for the change proposed. The changes would expand the
opportunities for housing and address the needs of a growing population.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice. The zoning text amendment and zoning map amendment will provide more
opportunities for residents to live in close proximity to services and amenities while being
consistent with the surrounding neighborhood.
5. The City Council has approved Negative Declaration No. 98-1 by resolution. The current
project is covered under that Negative Declaration and this project will comply with the
mitigation measures that were identified.
PC Minutes — 3/9/99
(99PCM309)
C. CONSENT CALENDAR
C-1 PLANNING COMMISSION MINUTES DATED DECEMBER 3,1998
A MOTION WAS MADE BY ]KERINS, SECONDED BY BIDDLE, TO APPROVE
PLANNING COMMISSION MINUTES DATED DECEMBER 3,1998, BY THE
FOLLOWING VOTE:
AYES.: Kerins, Chapman, Speaker, Biddle, Livengood
NOES: None
ABSENT: None
ABSTAIN: Laird, Mandic
MOTION PASSED
C-2 PLANNING COMMISSION MINUTES DATED JANUARY 26,1999
A MOTION WAS MADE BY KERINS, SECONDED BY CHAPMAN, TO APPROVE
PLANNING COMMISSION MINUTES DATED JANUARY 26,1999, BY THE
FOLLOWING VOTE:
AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
63 PLANNING COMMISSION MINUTES DATED FEBRUARY 9, 1999
A MOTION WAS MADE BY ]KERINS, SECONDED BY BIDDLE, TO APPROVE
PLANNING COMMISSION MINUTES DATED FEBRUARY 9,1999, BY THE
FOLLOWING VOTE:
AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
C-4 PLANNING COMMISSION MINUTES DATED. FEBRUARY 23,1999
A MOTION WAS MADE BY KERINS, SECONDED BY LAIRD, TO APPROVE
PLANNING COMMISSION MINUTES DATED FEBRUARY 2391999 AS AMENDED,
BY THE FOLLOWING VOTE:
AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
PC Minutes — 3/9/99 6 (99PCM309)
D. NON-PUBLIC HEARING ITEMS
1
NONE
E. PLANNING COMMISSION ITEMS
E-1 PLANNING COMMISSION COMMITTEE REPORTS
Commissioner Kerins — stated that the Downtown Outdoor Dining with Alcohol
subcommittee has met twice and has created a major issues matrix to work on. They will
be conducting an on -site investigation tour of the downtown area in the near future.
Commissioner Livengood- stated that the Environmental Board is proposing to have a
symposium on the Coastal Area in October 1999.
E-2 PLANNING COMMISSION INQUIRIES/COMMENTS
Commissioner Kerins — requested that staff prepare a definition of the word "hardship"
and the criteria it must meet as it pertains to a variance request. He also requested staff to
update the Commission on the Wal Mart and Huntington Center projects.
Commissioner Livengood- requested Paul D'Alessandro, Legal Counsel to prepare
findings for hardship for Item B-1 for the March 30, 1999 meeting. Commissioner
Livengood also stated that there would be a Town Hall Meeting March 10, 1999 at City
of Huntington Beach, City Hall, regarding the Bolsa Chica Annexation.
F. PLANNING ITEMS
F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Scott Hess, Senior Planner — restated actions taken at the previous City Council meeting.
F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING
Scott Hess, Senior Planner — in response to Commissioner Kerins inquiry regarding
updates on the Wal Mart and Huntington Center projects, he stated that the Wal Mart
appeal is tentatively scheduled for the April 5, 1999 City Council meeting. Mr. Hess
stated that City staff is waiting for a response from the Macerich Company to the City's
revised proposal on their request for additional financial support.
PC Minutes — 3/9/99
(99PCM309)
1
G. ADJOURNMENT — Adjourn to the Planners Institute Conference in Monterey from
March 24-26, 1999 and then to the March 30,1999 Special Planning Commission
meeting. (The March 23, 1999 Planning Commission meeting has been canceled)
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO ADJOURN
TO THE PLANNERS INSTITUTE CONFERENCE IN MONTEREY AND THEN TO A
SPECIAL PLANNING COMMISSION MEETING ON MARCH 30,1999, AT 7:00 PM,
BY THE FOLLOWING VOTE:
AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSED
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APPROVED BY:
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PC Minutes — 3/9/99
(99PCM309)