Loading...
HomeMy WebLinkAboutZone case 81-8 - Phillip and Linda Oliver - "A" St and Warne 0 0 ' APPROVED By CITI 7COUNCII, IN T'1tM: Lo Superior Court ...,. Ciir txec or iw STATE OF CALIFORNIA In and Aw the County of Ornngr CITY OF HUNTINGTON BEACH + CITY CLERK '-`......�... 1'I�f E' 11 J'I�Tl�.� Hearing 81_ 8 ale aMWt state o!'l:alifurnia 1 Ir IMad,;. 4 The lkr: County cif(lranKe I w111111 9gM d to 1614 tAit L k+l t'i4k Jeannie L. Thomas '�•H"au'ga" �I`.t►t mot..r,nr!Nrhr�ry� `� vaf•: tCr M1 That I em and at all time► herein mention"! wn+ itritiren cif t{1 U+ the United States.over the age of twenty-one yearw,and Ihet I sin not it patty to. nor interested in the alwve lntillerl m atirr, +I�pt�lptiwlrerelwfJs ftree. �,A �- that I am the principal clerk of the printer of the Hvntington Beach Ind. Review Hare 1U a e nrwrpafrer of general circulation.,published in the City of i DwjW 14�C�o�"Q`•_ i �tsticas Mattis tM Mee eta�r Huntington Beach County of Orange and which newspaper is publiAM for the ��``' '�tewglMl dieeminatinn of local new-.%rind intelligence of a general rhnruc• Ma L sMu sit , s-:' ter, and which nrw•apaper at all times herein mentioned had tewc la f8rs tit AsN��+ and still hay a bona fidr stihsc-ription list of paying mubowribera• WIN and which newttpaper has hren mtnhlished, printed and pub- !w'"M• b Ifohed at regular intervals in the said County of Orange for d tvrind exco-eding one vent; that the notice, of which the annexed is a printed aipy, has 1:eln puhliahed in the ruguta^ end entire i,taue of said newcpsf>er,oriel not in env:<npplenlFnt j of theteot,on the following dntt",to wit: yUott > , Septemher 249 1981 PIAI j 1 ctrtify for derlarc) under penalty of f«rjury that the furrKa• ing its true and correct. Da at...Gordan„Gra.ve... ... .. .. .. .. .... . ... .. / `iKhatttr! 5 �N� REQUEST FOR CITE' COUNCIL ACTION Date September 25, 1981. Submitted to: Eionorable Mayor and City Council of,t Submitted by: Charles W. Thompson, City Administrat Prepared by: James W. Palin, Director of Development Service. Subim: ZONE CHANGE NO . 81--8 Bacltup Mater;al Attached: IX] Yes O No Statement of lsuue, Recommendation, Analysis, Funding Source, Alternative Acr.iar,s: STATEMENT OF ISSUE : Transmitted for your consideration is Zone Change No, 81-8, a re- quest to rezone 27 acre of property from R2 (rledium Density Resi- dential Distract) to C2 (Community Business Districtl Thy: property is located on the wes~ side of "A" Street approximately 50 Feet south of Warner Avenue. RECOMMENDATIr`T: The Planning Commission and staff recommend that the City Council approve Zone Change & o. 81-8 as amended by staff to reflect a chance of zone on the subject property from R2 (14edium Density Residential District) to "Q"C4 (Highway Commercial District com- bined with a qualified classification) . The qualified classifi- cation limits the uses an the subject property to office-profes- sional . The Planning Commission and staff also recommend that a 110 foot setback be required from the ..Sectional District Line . (A. 3_0 foot., building setback from the Warner Ave. property line. ) Gmrn The ol3.ssion and staf- further recommends that the Council adopt Ordinance 2513 . ANALYSIS:.. Applicant : Philip and Linda Oliver 10061 Talbert Avenue, #207 Fountain Valley, Calif . 92708 Location: West of "A" Street, approximately 50 feet south of Warner Avenue. Re c1u sst: To permit a change of zone from R2 (Medium Density Residential District) to Cti (Community Business District) . ElanniM CS2MMJ_F ion yA,ction on SeptembS- 15, 1981 : ON MOTION .BY PORTER AND SECOND BY BANNISTER, ZONE CHANGE NO. 61-8 WAS DENIED BY THE FOLLOWING VOTE, WITH THE FOLLOWING FINDINuS rw Sri 2C 81-8 September 25, 1981 ` Page 2 FROM R2 TO C2 : AYES: Porter, Bannister, Winchell , .Schumacher NOES: Paone, Mahaffey ABSENT: Kenefick ABSTAIN: None Finds-Dqs for Denial : 1 . A change of zone from R2., Medium Density Residential , to C2, Community Business District, is not consistent with surround- ing commercial properties v.:iiich are zoned C4 , Highwa Commercial District. 2. Without the 110-foot s%tbac:k from the sectional district line tba zone change as requested is not consistent with current policy of requiring additional setback on all comniercial properties located on arterial streets . Planning Commission Action on August 4 , 1981 : ON MOTION BY PORTER .AND SECOND BY SCHUMACHER, Z014E CHANGE NO. 81-8 WAS APPROVED BY THE FOLLOWING VOTE WITIz TEE FOLLOWING 'FINDINGS FROM R2 TO "Q11C4 : AYSS: Porter, Schumacher, Bannister7, Paone t40E3: Mahaffe-, ABSENT: Kenefick, Winchell ABSTAIN: None Findings for Approval : i . A change of zone froin R2, Medium Density Residential, to "Q" C4, Qualified classification combined with Highway Commercial District, is consistent with the Land Use diagram of the General Plan, which is Generai Commercial . 2. The proposed zone change is compatible with surrounding Land uses tecause the use will serve as a bi;ffer between the residential uses to the south and retaii/commercial and of- fice uses located to the north, cast, and west . Di_scus: lon: On August 4, 1981 , the Planning Commission approved a change of zone on the subject property from R2 to "Q" 4. on August 14, 1981, � the Department of Development Services received a letter from the applicant appea.iing the action taken by the Planning Com- mission at the August 4, 1931 Conunission meeting . In his letter of appeal, the applicant: stated that he had requested a hearing ZC 81-8 September 25, 1981 Page 3 for a change of cone From R2 to C2, but was given a hea"i.nLr for a change of zone from R2 to "Q"C4 On September 15, 19811 the Planning r.onunission reheard 'Lone Chanqe No. 81-8 and denied the applicant ' s request: to charge the zone on the Subject property from R2 to C2. Can September 17, 1981, the City Clerk received a letter from :hp- applicant requesting the withdrawal of the appeal file4 on 2o'ie Change No. 81-8. In his letter, the applicant stated that he now had no objections to the "Q"C4 zoning having been infor-led that he could now use the area within the 110 foot setback zor parki'ag . On September 21, 1981, the City Council accepted the applicant ' s withdrawal of the appeal . Transmitted for your consideration are two ordinances; one, chin-- Bing the zoning on the subject property from R2 to C2, the s,�- cond ordinance changing the zoning on the subject property from R2 tu The Planning Comm' _ .. mntign . � .. _ ion. Council adopt the ordinance reflecting a change of zone from R2 to 1'Q1'C4. This zon:rg would limit the land uses on the property to office-professional, would prohibit retail , medical and dental uses, and would establish a 110 foot setback frog the sectional district line on Warner Avenue. ~ Epv}ranrrLental Status: The subject property was previously assessed for environmental effects as part of General Plan Amendment No. 76•--3. Therefore, no additional environmental review is required . ALTERNATIVE ACTION: The City. Council may consider denying Zone Change No. 81-8 which would retain the existing R2 zoning or may consider the change of zoning from R2 . to C2. Suppa tlaq, Information: 1 . Area Map 2. Ordinance (R2 to C2) 3 . Ordinance (R2 to "Q11C4) 4 . Staff Reports dated August 4 and September 15, 1981 JWP:SMS:jlm • , &,Antington beach developm jervices department . sr ff -.Y, EPOR� TO: Planning Commission FROM : Department of Development: Services DATE : August. 4 , 1931 ZONE CHANGE :JO. 81-8 APPLICANT: Philip & Linda 015,ve-r DATL t.CCI:PTED: 10061 T�ilbert• Ave . # 207 � 'July ( , 1981 � Fountain Valley, CA 92708 I ANIDATORY PROCESSING DATI : ItI_QUEST: Change of zone f rc•m R2 _ (Med. Density Resic:-2ntial ) Sel�teniber 4 , 1 � 91 to C4 Olighway Commercial) . ZUi,)E: tit, Madiu.n Density Residential LOCATION: Subject property is located GE:JI;RAI, PLAN DESIGNATION : on the west side of A St. approx . SO f.c,%t south of General Commercial Warner Avenue . EXISTING USE' : ACREAGE: . 27 acres _ ,Single Family Dwelling i 1 . 0 SUGGESTED ACTION : The staff reconunends that: the PA'.anni.ng Coimni.s iop i�pprovc zone Change No. 81-8 as revised to reflect a Quaiik:ied Classification combined with the C4 , Highway Commercial District. 2 . 0 GENERAL INFORMATION : Lone Chi.nge No . 81-8 is a request by the appiicant to change the zonine, on- subject property from R2 , Medium Density Resi.dent.i.a? District to CAS , llight..;ay Commercial District, for the purpose of constructinJ a ; office-professional building . In November 1977 , the subject: property and the properties located south of Warner Avenue between "B" Street and Beach Boulevarcl (excI ailing the strip of .land between Blaylock Drive and Warner Avenue, and between Beach Boulevard and the alley) were rezoned from C4 , Highway ''i Staff Report - ZC c 181-8 Page 2 Conunercial district to R2 , !Medium Density Residential. ;listrict. This zone change was initiated bocausr- the area was primarily residential. in character , consisting of: older siriryle family dwellings . 3 . 0 SWUMARY 017 ISSUES: 1 . Is the one change compatible with surrounding land uses? r 2 . Should a "qualified" classification be added to the zone to prohibit medical , dental and retail uses on the site and provide for a 110 ft. setback on Warner Avenue . 4 . 0 ENV I ZOIJMc"NTAIJ STATUS: Pursuant to the provisions of the California Environmental Quality Act, 'Lane Change No. 81-6 is a Class 1. categorical exception and no envirorunental. review is necessary at this time . 5 . 0 SURROUNDING GENERAL PLAN , ZONING AND LAND (ISE, DESIGNATION : Subject Site : General Plan : General Commercial Zone: R2 , idedium Density Residential Land Use: Existing Single Family Residence � i North of Subject Site : (Across Warner Avenue) General Plan ; General C:.iimercial Zone: C4 , highway Commercia" District Lan,i Use : Liquor Store South of Subject Sito : General Plan : General Ccrrmercial I� Zone : R2 , Mediu►a Density Residential Land Use: Existing Single Family Dwelling West of Subject Site: (Across Alley) , General Plan : General Commercial Zone : C4 , Highway Coi;mercial District Lane. Use: Car Wash Facility mast of Subject Site: (Across "A" Street) General Plan: Medium Density Residential Zone: C4 , Highway Commercial District i Land Use: Existing Real Estate Office Staff Report - LC16 Page 3 6 . 0 ANAhYSIS: The change of zone from RI. , Medium Density Residential. to "Q"C4 is consistent with the City ' s Land Use Element of the General Plan , which designates the site General Commercial . A survey of surrounding land uses indicates that the zone change utould be compatible with these uses . The properties to the south of the site consist of older single family dwellings and apartments . To ,the north across Warner Avenue east across "A" Street, and to the west of the site are commercial uses which include an office building , car wash, liquor store and auto center. By attaching a "n" designation to the C4 zoning to limit the uses to office-professional , the site could be used as a transition between residential uses to the south and commercial uses to the north , east and west. The "Q" designation has also been recomw-ended by staff because office- professional uses typically generate iess traffic 1 i than commercial uses, and will have less of an impact on "A" Street- if the proposed office building is constructed . I The subject property presently does not have direct access to Beach Boulevard or Warner Avenue . This rill require that access to the proposed office building be taken from "A" Street_ Ultimately, the improvement of Warner Avenue: will give the: site exterior frontage on trarrier Avenue . It is also recommendecl that z 11.0 foot setback from the sectional district line be required on the subject property . This is in keeping with the policy of rflquiring additional setback on all major arterial streets and would conform to the setback required for the property to the east of the site (across "A" :street) as a result of 'Lone Change No . 78--9 . 7 . 0 RECOMME"EAT ION : The staff recommends that the Planning Commiss�.on approve 2'sono hange No . 81-8 as r,vised by staff to reflect "Q" designation I in con ji;nction with th;: C4 district. FINDINGS FOR APPROVAL : 1 . A change of zone from R2 , Medium Density Residential to "Q"C4 , Qualified Classification, combined with Highway Commercial district j is consistent with -the land use diagram of the General Plan which is General Commercial . i 2 . The proposed zone change is compatible with surrounding land uses because the use will. serve as a buffer botwr_en the residential uses to the south and retail commercial and office uw=es located to the north, east and west Staff -Report - 'L 01-8 Pay e 4 CONDITIONS OF APPROVAL FOR 'm-' "QUALIFIED" PREFIX : . i. A 110 foot setback froin the sectional district line shall be required on the subject property. L. Permitted uses shall be limited to those uses contained in Section 9471 . 1 PROFESSIONAL SERVICES AND OFFICES, of the Huntington Beach Ordinance Code. Medical , dental and retail uses shall be prohibited . f=' mS/dc Attachmea t:s : 1 . Area Map 2 . Plot Plan 3 . Ordinance (to be handed out) II huntington beach development services department SYA f f REPORT TO: Planning Commmission FROM: Department or Development ,services DATE: September 15, 1981 ZONE CHANGE NO. 81-8 APPLICANT: Philip & Linda Oliver DATE ACCEPTED: 1.0061 Talbert Ave . tt207 July 6, 1981 Fountain Valley, CA �_ 2708 MANDATORY PROCESSING DATE: REQUEST: Change of zone from P.2 September 4 , 1981 (Med. Density Residential ) to C2 (Ca►munity Dus. Dist.) ZONE: Rt2, Medium Density Residential. LOCATION: Subject property is located GENERAL PIAN DESIG14ATION: on the west side of A St. -- approx . 50 feet south of General Commercial Warner Avenue. EXISTING USE" : ACREAGE: ' . 27 Acres Single Family Dwelling 1 . 0 SUGGESTED ACTION: The staff recommends that the Panning Commission deny Zone Change No. 81-8 based on the findings outlined in Section 7 . 0 of this report. As an alternative action, the Planning Commission may uphold their action taken on Zone Change No . 81-8 at the August 4 , 1981 Commission meeting . At that meeting the Commissio approved a change of zone on the subject ;property from R2 to C4 2 . 0 GENERAL INFORPIATION: Zone Change No . 81-8 is a request by the applicant to change the zoning on subject property from R2 , Medium Density Residential District, to C2 , Community Business District. In November 1977, the subject property and the properties located south of Warner Avenue between "B" Street and Beach Boulevard (excluding the strip of land between Blaylock Drive and Warner Avenue, and be- tween Beach Boulevard and the alley) were rezoned from C4 , Highway Commercial District, to R2, ,Medium Density Residential District. This; zone change was initiated because the area was primarily residential in character, consisting of older, single- family dwellings . A•rM-43A 017 Page 3 .0 SUrV•IARY OF—ISSUES : I 1. Is the proposed zone change to C2, Community Business District, compatible with surrounding resident,... . properties? 2 . Whether the zone change is consistent with the current General Plan Designation. 4 0 ENVIRONMENTAL STATUS: The subject property was previuusly assessed for environmental effect; as part of General Plan Amendment No . 76 .3. If Zone Change No. 51-8 is approved by the Planning Commission, from R2, (Medium Density Residential District) to C2 (Community Business District) , the zoning will be brought into conformance with the General Plan Designation which is "General Commercial" . 5. 0 SURROUNDING GENERAL PLAN , ZONING , AND LAND USE DESIGNATION: Subject Site: General Plan: General Commercial Zone : R2, Medium Density Residential Land Use : Existing Single-Family Residence North of Subject Site : (Across Warner Avenue) Genera? Plan: General Commercial. Zone : C4 , Highway Commercial District Land Use : Liquor Store South of Subject Site: General. Plan: General Com .iercial Zone: R2 , Medium Density Residential. Land Use : Existing Single-Family Dwelling West of Subject Site: General Plan : General Commercial Zone: C4 , Highway Commercial District Land Use: Car Wash Facility East of Subject Site ; General Plan : Medium Density Residential Zone: C4 , Highway Commercial District Land Use: Existing Real Estate office Page 3 6. 0 ANALYSIS: On August 4, 1981, the Planning Commission approved a change of zone on the subject property from R2 to "Q" C4 . On August 14, 1981 the Department of Development Services .received a letter from the applicant appealing the action taken by the Planning Corm►aission. In his letter of appeal, the applicant stated that he was not given a hearing for the zoning he requested, which is C2, but was given a hearing for a change of zone to "Q" C4 . Also the applicant is appealing the 110-foot setback requirement and the addition of the "Q" designation. The "Q" limits the uses on the property to office- professional . The applicant ' s original request was to rezone the subject property from R2 to C2 . Review by staff of the surrounding corimiercial pro- perties indicated that these properties are zoned C4 , Highway Commercial District. To remain consistent with surrounding C4 :aroperties, the staff recommended to the applicant that he amend the zone change request from C2 to C4. This request was verbally agreed to by the apple :ant on July 20, 1981 . I The "Q" designation was later added by staff to limit the land uses on the subject property to office-professional . The staff concluded that commercial uses were too intense for the site and would impact the traffic_ volume on "A" Street . The staff also added a 110--foot cutback from the sectional district line to the applicant' s requested zone change . This was done to remain consistent with, the current policy of requiring additional setback on properties that front on major arterials . The property located across "A" Street to the east of the subject property is zoned C4 and has the 110--foot setback from the sectional district line . The subject property is currently designated on the Land Use Diagram of the General Plan as General Commercial. The zone change request is from R2, Medium Density Residential to C2, Community Business Distract. Based on the current General' Plan designation, the zone change request is consistent with the General Plan. ' 710 RECOMMENDATION: The staff recommends that the Planning Commission deny Zone Change No. 81-8 as requested from R2 'Lo C2 based on the followinc? findings . As an alternative, the Planning Commission may uphold its action taken on August 4, 1981, which was an approval of a change of zone from R2 to "Q" C4 . 2 ?T NQ__k!2a DENIAL• 1 . A change of zone from R2, i tedium Density Residential , to C2, Community Business District, is not consistent with surrounding commercial properties which are zoned C4, Highway Covinerc.ial District. Page 4 2 . Without tho 110--foot setback trom the distr , line the zone char,,,' as requested is not cons,** stei,,- with cu- -ent policy of recluir;.ng additional setback on all commercial prc - perty located on arterial streets. LTTACHDIENTS: 1 . Area Map Z. Plot Plan 3. Ordinance 4. Sta-ff Report dated August 4, 1981 �1S:df i I I f) III I,V X(T; SO 01� C, I-L Qt. HoL Nall 10061 17. 1,'. Tol,.;l a 9 2,"f*, �1(-A - 2 Associatcs 111C.. 19-,11 1,os Alanuitos Mvd. Los Alan; tos , 90 1) A Fl I I 1 1 1 1 1 1 1 1 1 WARNER i 4� , AVE t� goo BLAY• �- SCALE !N FEET � r)p , } zc 81 - "LN-TIM'.4 NN HAM HUNTINGTON BEACH PLANNING IIVISION Pub] i sh21,24 KI NOT I E OF PUBLIC HEAR 114G ZONE CASE 81-8 i HOTIc,Z IS HEREBY CIVEH that a public hearing will be held by the City Council of the City of Huntington beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7 3.g P.M. , or as soon thereafter as passible on the _ Sty day of gQlggC .._0 19 81 for the in,rpose of considering Zone Case No. 81-8, a request to change the zoning on .27 acres of property located west of "A" Street, approximately 80 feet south of the centerline of Warner Avenue, from R2 (tledfu-m Density Residential ) to C2 (Camaunity Business District) . The City Council will also to considering a change of zone an the above described property from R2 (tom Vum Density Residential Ofstrict) to "Q" C4 (Highway Conmercial District combined with a Qualified Classification 11miting the land uses on the subject prbp.trty to professional offices and services). i Said "Q" C4 zoning would also prohibit medicr.l . dental and retail uses on the � subject property. A 110 foot setback frum the centerline of Warner Avenue � to the subject property wa;- also approved by the Planning Comaission. A Te!gal description is on fife in the Developaent Services Oepartaernt officot. i i All interested persons are invited to attend said hearing and express their oplaions for or rgainst said Ice Case No. 81-8 j Further inforution soy be obtained from the Office of the City Clerk. 2000 Wain StmOt, HWtington $"Ch , California. 92M - (714) 536-5227 DATED_ V21191 CITY OF MWTINGTON BEACH �..._....� .., By: Alicia M. iien iwor th City Clor k CITY OF HUNTINGTON BEACH j Mj I INTER-DEPARTMENT CQ e 1UNICATION u��wcm:rtri 1D To Charles W. Thompso�i m James W. Palin , Director City Administrator Development Services I Subject. ZONE CHANGE NO . 61--81 ate September 17 , 1981 AGENDA ITEM D-2d. Transmitted to the City Councii on the September 21 , 1981 meeting is an appeal to Zone Change No . 81-8 , Item D-2d . This item is an appeal by the applicant to the Planning Commission ' s recommendation to the City Council for the rezoning of property located at the southwest corner of A Street and Warner Avenue from R2 to "V-C4 . The applicant has indicated to the staff during a telephone conversa- tion that he: would like to withdraw this appeal and have the City Council act on the recommendation of the Planning Commission. However.. i this item was advertised as an appeal to the Planning Commission ' s action . If the applicant submits a letter withdrawing this appeal , the City Council should continue this item to the October 5, 1981. meet- ng in order to allow the staff adequate time to readvertise Zone Change 81--8 as a regular public hearing by the Council and not as an appeal to the Planning Commission ' s action. Attached is the ordinance prepared by the City Attorney ' s office re- flecting the Planning Commission ' s recomendation on this zone change request. This ordinance was not included with the Request for City Council Artion . JWP: SM9:df Attachment: Ordinance Letter from appellant withdrawing appeal, received and dated September 17, 1981 . 1 r�,/awlruri, I S E C: T I O'N A L O I S T N I ( J MAP 25-5-11 .rr: ITY l / (•Ir ,•c. aD'...rt .w'• r„ '•'.',arn'rf .•.. •:., ; :.r.' ar/Ntln .r aaata, rn ..I,Nis � J1 j. �.. :rff.• lt71 (.r lj ,...w<r.rr . •..•r.•,nlr,.. UUN ,.1•Ir Ir7 1 ! f.1 r.•�• s\( 1s +,'}�`y'y V111V4I ris'� 1ir�.l\ J : \ .1•) `1 AIL , r•4? f;b r '•.r i l.. ,..�) r r..r •�.r r.r.. ,I.r 4 1•• t •f'/1 161, 1 r all •1!. i i. UM••f•'' •••M 11 1_,'•<' 1) It A N G Its (;O U �1 "I. Y ( : AI . I F( 1 It N I r1 r It't /1 rG7r J .r �•1_ -r_w.�r-.r.:.. r�••V AMENDED EY :;Wit t -SC 44 a /, tl r •r •�1 r.rrl rash! •a-:ara., a•., 'a?J11.'1{.:Ir :7• /v,1its/].M..11.►r{{•.. t71.{, . tr... .., N, •• /'•7 w1 r .. •..rr 1, �- J �:�7 • S. r1 .1.[Y_. 4' .-t r7 Vf•. ti•,1 -ny•17 1: Ir•..��rt.e .• 1•. . � ',r•u rl . • ncr {{ w • WAAnt A lrl�l.' .J Ui.. 1~tll._J ..__`•_ .---_----."___"...-.__._ -- - L_�.__—_.._�...._-.___._�..�.__--..._._-...__..___ __--..Y-_____-1t� ,r.;i� �� RI[1t2 02 — � : 111111 RI R) RI 'l Mir^"1—,.:.r is! J' RI �^ RI j , C 4 Lit 1.._ r.....T R I i �,.. R I It 44 ill I 1 111 ca R3 J CF—E i Pp + 1 i 1►.,., 'c( � RI RI RI I i I j CQ �. i. It.. R2 R2 l R3 R2 .� I j !, III R t �J��r' I.I^ •-_ . _-'l �...f•LJf M•h. .. R2 f 1 I R5 SF'—I # I 1. r 1•IY ,wl t•1 1•••a ' •1 •R2•PD-(I2) { Sp_ I ., _RI IfLNlt.t A vt a ZONE CASE; NO. 81--8 1 - _ C 4 n A < _ �. VA NER tt3 - 0 �0 rn < _ -- - �- - -- - LT SCAB: _ - ---- -- - — .. � -2L asp (JA zc 81 - a 7 oUNTINGTON MACH PLANNING DIVISION r - 1 Nam-M., TO CLERK TO SC} FIAILE PUBLIC C HEARI` CC) ITEFI_ IS) ci i� TO: CIT1' C:I,E?K ' S OFFICE UATF.: 7t Frost: 1,L._._ S -J , PLEASE SCHEDUI! A PUBLIC HEAPIR'C. I1STr:G THE A 7ACHED LEGAi. NCrICI: FOR THE C..! DAY OF _ _ 19 AP ' s aro- attached AP ' s ':ill follow No "AP, S i Initiated by: Fl anning (:omission Planning Depart-meat Pc:t:it ion i * Appeal Other Adoption of Environmental Status W _ YES M1 Refer t:o Pla.aning repartment - Extension for additional. i.nf.ormaLion . * If "ESaLl , please tritn2m_: exact wording to be required in the legal . 167-321--19 tbdolfo V GA.U69M 3409 W Chorlaim 1'Wot'tw Smta Aria, Coif July 1.40 1981 (Jd) 92704 167--321-20 107-140-67 txa.i y K Etc ,,vn Jake R SWAirt 218 5th Stris't P.O. am 248 ilultimton Hssoh, Cal s San Pjvrs, Calif 92648 95249 167-321-21 LU-3"--t1 (Wom E Swartz Oct Vicar R-2mi Ust riot 17022 A St osrt 170.. i P-Iva Euntirgtcn Lom;:h, Calif MmUngton Beach, Calif 9264 7 92647 167-32.1-22 142-191-25 11 Kai* Fbgsrs Jr LWArd L M.WAgh W72 trlrr:nw A+aeavm 9042 M&Ua fty IAx: uun io0m Doodit G1 f ttmtis awn i, Calif 92647 924` 46 167-321-23 107-1.00-•32 " C Wiltran 16932 A► Uttvj*t I%x* mjWn awdi, Calif 92+647 107-100-33 Nfftle L Axw 16942 A Stntt lhxntl,!xiton BomM.- Cali 92647 i07-100-0 ,fah A It xw W4 H ul+gWrits AVNUW Oxon W mar. Calif gun 1d7�1�3b Fm* VUt !4*.L. b4Mm Club "M A stio J a,h PlUllip A Oliver 167-321-04 Ludt bliveer ZG # 93.-8 A Nicholas Rx= et ail 1UNI Talbert Avemm �►.� �4, 91-8 (.Tii) 13G32 Urcivood Strut: .jujtti 207 Y Gat'rl�::n Gx>a�ve, Calif i-xRmuin Va.U&y, Calif 97-708 92643 167--321--01 167-324--09 16 7-32105 C:.t,f aE Iiwt m ton Head► Wfa CMWratian gswmth £ Jame Wdl&od Yin 20932 B kb=t Street IV62 Otter Lam suits• 2t?5 NuntirQtun Bbach, CmUf 92646 1%�ntingtxan nEx , Calif 92646 8 167•-3241-02 167-M--10 167--32Y-o6 Wi.11ixi 9 SK1 Gum-al BapWit r_urch Rice B=gw 1.1a71 Vasa Avow of 1713,2 B &:sit raxL*n Grow, Calif Vj L W=kwy thmitingtDn Bette, calif 92641 11.101 A stxaLt 92647 167-324--03 f *Arigton Dawhe Calif 167-321-C07 c.lcrf+d ), �+bcdm 92647 Shen 125�96 1'laft FDD= a� Drive --�-�- P.O. am 244 Santis ma, Cal.I ! f 92705 90743 - -�324-06 16'.•-�324--11 ].67M 321. 14 167 t#ctua3l B W+lo hen *uTex Beach Co. Imc Joan Whet= 170A A Stxvet 17042 Leh Blvd. 341.2 I4arzua Avenue jluntxn;t m BQe Alf Calif mrwgbon ae,adh, Caw Nabpwt 11sach, Calif 9"47 92647 92660 167-32.4-05 167--321-02 167-321-1.5 Pxt L sWrectc. D Schley 17032�A S 14* B 6692 $arborr Key Urcla }mtingto1 Det# dir CmUf IlmdMt on ftadh, Cali 92647 92655 92648 167-324-06 167-321-01 167-321-16 St nIsy Grums000d RCia rt P Maidic Rabax t B HMO 17051 A Stnot V..689 I,mw*. la Lana 3357 Burton Amin PAv-*ir#jUn bomohr Calif Gazdw Crowe Qx1 f Fteal idr Caui 92647 92641 91770 161-324-137 16 7-321-02 16 7--321-17 Willi N► P Anth W Melee B Mary DoWd F Smamm 10565 slates Awramn 1 *Am MUM 7862 16th Suet 9 Califwa1lwo Chef Midbw aty, Wastmf.rmber, Calif 92683 167w324-�M 167-32103 167-321-10 rat Bx*#-IM wil im Bruton l��,f�,$"my 1 W632 savoy CLMW a-" 92647 90743 /Vk w2 3 q /hi a,, 14? 4? 1 Published in H . B. Independent News September 24 , 1.981 LEGAL I;DTIC V NOTICE OF PUBLIC IIEARIPG ZONE CASE NO. 31-8 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City ---ftA of the City of Huntington Beach$ California, for the purpose of considering 'Lone Case No . 81w8 �r / .2'1 a C+r.a* a fr to change tho zoni:.g can property locates: west of "A" Street, approx- irn.aLe.ly 00 feet south of the centerline of Warner Avenue, from R2 (Medium Density Residential) ;o C2 (Community Business District) . They City Council will also be considering a change of zone on the y A1x1ve described property from R2 (Medium Density Resident tal District) to "0" C4 (Highway Commercial District combined with a Qualified Classification limiting the land uses on the subject property to profesaional of f ice:a and services) . Said "Q" wb zoning would also prohibit medical , dental and retail uses on the subject property. A 110 ft . setback from the centerline of Werner I Ave. to the subject property was also approved by the Planning Commission. Said hearing t-ill be held at the hour of ��� P .M . , on October 5, 1.981 , in the Council Chambers Building of the Civic Center, 2000 Main Street, Huntington Beach, California. All interested peraonsa are invited to attend said hearing and axp►reas their opinions for or against the proposed _ Zone Case No. 81-8 Further information may be obtained frays the City Planning Depertnent. Telephone No,. (714) 536-5271 DATISD this day of . CITY PLOkHMING COMMISSZOti By CITY OF HUNTINGTO,"N BEACH 2000 MAIN STREET CALIFORNIA9Z648 OFFICE OF THE CITY CLERK 5ep twbe r 23, 1981 't Phillip A. Oliver 300 Ocean Ave. Seal Beach, CA 90740 '(he City Council of the City of Huntington Beach at its regular- meeting held Monday, September 21 , 1981 , approved your request to � li� withdraw your appeal of the Planning Conti-nission ' s approval of Zone Change 81-8. Said Zone Change 81-8 has been scheduled for public hearing on October 5, 1981. For further information , please contact the Development Service. Cepartnent. Alicia M. Wentworth City Clerk BMW:C8:3ms cc: J. Palin - Development Services Department Ire., .:7Fa ���► 1 Phillip A . Oliver h 300 Ocean Ave , Seal Reach, Cn. 90740 714 964-5202 Sept , 17 . 1981 City Clerk City Council City of Htint i ngton Reach. I hereby withdraw my appeal regarding znne chance Cat 1701.1 - 13-i121 A. St , ?one change application was 81-8 , Planning has now advised me that I may use all but the first 6 feet of the 30 foot building set back for pa,,, This will meet: my needs and make the site useable , This information was given to me at tie Sept , 15., 1981 Planning Commission meeting , Sin erely, 1 PhiIIi? A , Oliver eZ r `�1 n rn-t r � l�1 � vr� � � t RFOUI S FOR CITY COUNCIL ACTION Date September 11 , 1981 Submitted to: honorable Mayor and City Council , Submitted by: Char. 1 �s W . 'Thompson , City .%dmin_Lstrato . rJ Preparal by: James 11. Palin, Director - Development Services , a sub; ZONE TO THE PLANNING COMMISSION ' S APPROVAL OF ZONE CHANGE NO. 81--8 / I Statement of Issue, Recommendation, Analysis, Fending Source, Alternative Actions, Attachments: t�---f STATEMENT OF ISSUE: I - Transmitted for consideration is an appeal to the Planning Commission ' s aVproval of Zone Charge ::o . 81-8 , a request to change the zoning on property l.oc:ated on the west- side of "A" Street approximately 50 feet south ,�f Warner Avenue from R2 (Medium Density Residential District) to C41 (Hi l.way conlI(iercia.l District) . RECOMMENDATION : The Planning Congaission recommends that th^ City Council uphold the Commission ' s apprnval of Zane Change No . 81-8 from R2 (Mi(--,dium Density Residential. District ) to "0" C4 , Qual.if;.ed classification combined with Highway Ccmircrc i al District . V- Planning Commission also recom- mends that the G'i — •.:ounci.l adopt fi.idings imnosei by the Planning Co;nri.ission on AucpiSt 4 , 1981 , The Nanning staff concurs . ANiUY S 15 : APPELLANT: Philip Oliver 10061 Tal.vert Avenue , #207 Fountain Valley, CA 92708 APPLICANT: Same as above REQUEST: To change the zone from R2 (Medixim Density Residential District) to C4 Mi ghway Commercial District) . LOCATION: Tr!e subject property is located on �. _�. the, west side of "A" Street approxi- ately 10 feet south of. darner Avenue. PLANNING COMIIIS.ST.O ACTION ON MOTION E Y 110:_ E'ER AND SECOND BY SCHUMAC H R 'ZONE, CHANGE NO. '31-8 WAS APPROVED i"Oa RECOMM.E DATION TO Till. CITY COUNCIL FAR :.r0?TZON M A 4JN 1 i f Z . C . 81-8 September 11 , 1981 Page 2 WITH THE FOLLOWING FINDING: , BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1 . A change of zone from R2 , Medium Density Residential , to "Q" C4 , Qualified classification combined with Highway L. 9 y Commercial District, is consistent with the Land Use diagram of the General Plan , which is General Commercial . i ? . The proposed zone change is compatible with surrounding land uses because the use will. serve as a buffer between the residential u5�s to the south ar.,_1 retail/cem►mercial and office uses located to `.he nort'i , cast , and west . AYES : Porter, Schumacher, Bannister , Paone. NOES: t.!ahaf fey ABSENT: Kenef ic:lc , Wincholl ABs,rAIN : Nor,c DISCUSSION : On August 4 , 1983. the Planning Convnission approved a change of zone on the subject property from R2 to "Q" C4 . On August 14 , 1981, she Department of Devel.ipment Services receive:l a letter from the appli- cant appealing the a7rion taken by the Planning Commission . In his letter of appeal (attzched) the applicant stated tt:at he was not given a rearing for th-! zoning designation he had requested (wh _ch was for C2) but we.s :liven a hearing for a change of zone to "Q" C4 . The applicant is also ap.geali.ng the conditions imposed by the Planning Commission at the August 4 , 1981 Commission meeting. These conditions included a 110 foot setback from the sectional district line and the limiting of permitted uses on the ;;ubject property to office/professional. uses foutid under Section 9471 . 4 of tM Ordinance Code. Medical , dental , and retail uses were prohibited on the: site . The applicant ' s original request was to rezone the subject property from R2 to C2 . Review by staff of the surrounding commercial Fropor- ties indicated that the majority of these properties were zonzi C4 , Highway Commercial.. To remain consistent with the surrounding properties, staff recommended to the applicant that tie amend the zone change regaest from C2 to C4 . This request was verbally agreed to by the applicant on July 20, 1981 . '.the "Q." designation was lat,:�r added by staff ::o lim t_ the Jand on the subject property to office/professional . The staff concluded that commercial uses were too intense for the sits_ .and would impact the traffic volume on "A" Street. After reviewi�ig the applicant ' s letter of appeal , the staff felt that '-hE: best interests of those concerned dictated that "done Charge Wo. Biw4 should be reheard by the Planning Comnission . This item has been rescheduled for thl e September 3.5, 1981 Planning Cot.=uni.ssion meeting,, at which time thc: Commissioo will hear the r4.quest: to change the zone on the subject p:ope►rt.y from R2, Medium Density Residential , Z .C. 81--8 September 11, 1981 Page 3 to C2, Community Business District . This zone change request is con- sistent with the applicant ' s original request . ALTRRNP.TIVE ACTION: The City Council can direct staff to reschedule Zone Change No. 81-8 for public hearing for the purpose of reconsidering the applicant ' s original request, which was r, change of zo;-..e from R2 (medium Density Residential District) to C2 (Corraunity Business District) . f ENVIRONMEN`PAL STATUS : The subject property was previously ass Dssed for environmental. effects as part of General Plan Amendment No . 76-:3 . 'I'herefcre, no additional environmental review is regnircd. SUPPORTING INFORMATION : 1 . Letter of Appeal dated August 14 , 1981 2 . Site Flan 3 . Staff Report dated August 4 , 1981 9 . Planning Commirsi-Jn mint.ztes dated August 4 , 1.981 Area heap SMS::lf Phillip A. Linda X. Olivf!r 300 Ocean Ave . Seal Beach, CA. 90740 y' 213 •131 -3023 August �,�¢ , 19&!�i To: City Council City of iuntington Beach 2000 Main St . Huntington Beach, CA. 92648 Subject : Appeal of Zone change no. 01-8 regarding property 'located at 170111 17013t & 17021 A St . Huntington Beach . Dear Sirs , We hereby appeal the Zone change of our property on A St. from R-2 to QC-4 - The specific reasons for this appeal are : 1) When we acquired the property , we were led to believe by Planning that the ( eneral Plan called for C-2 zoning. They said some uses may be restricted , not almost all uses , we oiould not have acquired the property had we been given that indication . i 2) We applied for C-2 zoning not "Q-C-4" . Our application was, changed by the Planning Dept . without our approval . We have now paid all fees for a zone change and then have been given a zone change we did not want or apply for . We feel this is unreasonable , if not illegal . 3 ) The Q C.-4 zoning restricts the use of our property and only two other r.mall similar properties in the area; one built with this unfair restriction and one vacant. All other property owners in the area have been given reasonable use of their land ie. , liquor store , gas station , car wash, auto tune up, new "do-it-yourself" car wash, new flower shop, and a pending 8 acre commercial center . We are allowed onl offices. We feel this is unfairly restrictive .. 4) We have had imposed upon us a setback of 30 feet on a of that is only 50 feet wide , acid where 1.0foot setbacks are requir;d bg► Ccde . We understand further , that o y one half of this 30 foot setback can be used for p&rking and that murst be substituted for landscape., on other areas cT the property, That doesn ' t leave much useable land. Y�. is conceivable that a building 2 . may have to be built that is 10 feet wide by 90 feet long, and 3 stories high unless; we are allowed a variance. We do also own the adjoining 50 foot Lot, however , it adjoins reaident%al property and we do not feel it would be fair to those owners for us to apply for a variance as was done across the street from us and build a 30 foot high fire wall on the lot line . Planning has already set precedence with this at the S/E corner of Wai;:er and A Streets. Also, less than 300 feet away to the East, apartments exiLt only 10 feet from the street setback, with a G foot block wall on the property line . 5) We feel the Punning Commission would have allowed our request had I been better prepared . However , I had no idea the Planner would have been so strongly opposed to development of. -his small .lot . I mould like to present an equally strong case to allow you to make a � deciaion with -all vertinent facts disclosed . Our desire is to build an attractive building on these lots which would enhance the appearance of this busy intersection . It would be extremely difficult, if not impossible, to dry so with no flexibility of land use . I Si re y , C Phillip Oliver N Phillip A. & Linda K. Oliver 300 Ocean Ave . r seal Beach , CA. 90740 Ic Cif 213 431- 3023 Jr "� To : City council August 14 , 196 City of Huntington Beach 2000 I-lain St. Huntington Beach , CA. 92640 i Subject : Appeal of Zone change no . 81-8 regarding property located at 11011, 17013 , & 17021 A St . RUntington I;e,ach . i I tDeur Sirs , We hereby appeal the Zone change of our property on A St . from R-2 to QC-4 . The specitic reasons for this appeal are : I 1 ) When we acquired the property , we, were led to believe I bj Punning that the General Plan called for C-2 zoning . They said some uses may be restricted , not almost all uses . We would not have acquired the property had we been given that indication . 2) We applied for C-2 -zoning not "Q-C- l " . Our application was changed by the Planning Dept . without our approval . We have now paid all fees for a zone change and then have been given a zone change we did not , ant or apply for . We feel this is un reasonable , if not illegal . 3 ) The Q C-4 zoning restricts the use of our property and only two other small similar properties in the area ; one built with this unfair restriction, and one vacant. All other property owners in the area h.. ,je been given reasonable use of their land ie . , liquor' store, gas station, car wash , auto tune up , now "do- it-yourself " car wash, new flower shop, anca a pending 8 acre commercial center . We are allowed only, offices. We feel this is unfairly restricti<<. . 4 ) WY• have had imposed upon us a setback of 30 feet on a lot that is only 50 feat wide , and where only__1Q foot setbacks are required by Code -We understand further , that only one-half of tta is 30 foot Setback can be used For parking and that must be substituted for landscape on other areas of the property. That doesn ' t leav_. much useable land . It is conceivable that a building 2 . may have to be built that is 10 feet wide by g0 feet long, and 3 stories high unless we are allowed a variance . We do also own the adjoining 50 foot lot, howevt>>r , it adjoins residential property and we do not feel it would be fair to those owners for us to apply for a variance as was done across the street from us and build a 30 foot high fire wall on the lot line . Planning has already set precedence with this at the S/E corner of Warner and A Streets . Also, less than 300 feet away to the East , apartments exist only 10 feet from the street setback with a 6 root block wall on the property Iine. 5) We feel the Planning Commission would have allowed our request had I been better prepared . however , I had no idea the Planner would have bean so strongly opposed to development of this small liat . I would like to present an equally strong case to iill.ou you t.o make a decision, with all E . pertinent farts di., osed. Our desire i5 to build an attractive building on these lots which would enhance the appearance of this busy intersection . It would be extremely difficult , if not impossible , to do so with no flexibility of land use . I Si ere y, 2 Phillip X. Oliver �' t'1.11 i 11 t.�1:; 1�1� I ; �i l I II 1 � (I � l ,'� •�'I.t?�!,I. rt. ti',�11".l�'1. �l•l'11111' �i`�j►1�'r.';' �'i 1'{' ��',�I'"ii110� I I 1 I . . I � tv 17 Aj. P' Phi I til�i%+ I�1i??'.:1'ir •`11'-'1it��� r 't11 ll� {'� ;��' � �' I . . ,. I.��t i�1111111 �. 1I ll` � ``:'` �i 11•�1." 1�' .II'�I': { 1 ,y•it:l .Il:'���jl_1 )11I.' I / t.\Iti}} ./'1.{11�1'tt{ fit' • �I l� 1• . �i q,untington beach developmef services department STAff ,EP ORT TO: Planning Conu-iii.ssion FROM: Department of Development Services DATE: August 4 , 1981 ZONE CHANGE NO. F;1-8 APPLICANT: Philip s I,inclrj O? lvr?r VATE AM,1";,T'(-:!): 1.0061. Talbert Ave . r207 �„ I1•y� . �1921. Fountain �IallQz,, CA 92708 Rig QUEST i t7,1 l!)r",7'Oi t i�:�r�:'L"Sty i M, I;� ,ri-, 'Q ST �,hanc;� (:i f u.:nl�� F r or, j:) (Pled . f)easit,.' i�t��•, iiienri�� ? ) Sep'l •'ritber 4 , 1981 to C4 01Jclht:��;� C.'n:rrC.rcia1 ) . ;Oi:I:,: it?, `Ir�rliuri [)rns.it',' LUCis'i'IO', -� T�es.i(iential. - Subject i)i-op c!-,L* ' ! s 1,C)CIatcu llr. 4.'C'•SL �;1�:1.' O ; r► �:_ . 11 _..4,1'_I�I11 F'Ifii Uf..� 'G.:t�`! 50 :`c:�t�t s;.)uth of General Cormicrcial i-,'ar. ner Avenue. 1"XIS'i INC U5' -- 27 acres Sir1"1e Family D'aelli ng 1 . 0 SUGGESTED ACTION : The staff recommends that the '-) I anniny Commission approve Zone Change No. 81-8 as revised to r _� luct (a Qualified Classification combined with the C4 , Highway Comme, cial District. 2 . 0 GENERAL I NFOIZ'-IAT ION : Zone Change "Jo . 81--8 i.r. a request by the applicant to change the zoning on Subject, property rom R2 , %ledium Densi •;y Re-sidential Ois ft-iCt to C4 , Iliglvaay District: , for p111:•pos!' of constructing an office--pr.ofess.ional bui!din(I . In November 1977 , the subject property and the properties locate:.; south of Warner Avenue between "B" Street and Beach (exclud-l.nu the strip of land hetiJeen Blaylock Drive and Warne. Avenue , and between Beach Boulevard and the alley) wer. F, rezoned froln C4 , Highway Staff - Report - ZC 81-8 � PAge 2 16 Comnercial district to R2 , I^ledium Density Residential district. This zone change was initiated because the area was primarily residential in character , consisting of elder single family dwellings . 3 . 0 SUMMARY OP ISSUES : 1 . Is the eon` change compatible with surrounding land uses? 2 . Should a "qualified" classification be added to the zone to prohibit medical , dental anti retail uses on the site and provide for a 110 _: t.. setback on 1•1ar-ner Avenue . 4 . 0 ENI. TRONMENTAL STATUS : Pursuant to the provisions of the California Environmental Quality Act, Zone Change No . 81--8 is a Class L categorical exception and no environmental _-evin;•r is nec-ass,ary aat this time. 5 . 0 SURROUNDIING GENT IRAL PLAN , ZONI1,3G AND LAND USE DESIG`IATTON : ` Subject Site . General flan : general. Commercial Zone : R2 , ',,tedium Density Residential Lane] Use : E'xistinq Si.ngLe Pam.ily Residence North of Sub�ct Site : (Across V.'L ner Avenue) General Plan : General Commercial Zone : C4 , Highway Conurercial Cistrict Land Use : Liquor Store South of Subject: Site : General Plan : General Corimnercial Zone : R2, Medium Density Residential Land Use : Existing Single- Family Dwelling West of Subject Site : (Across Alley) General Plan : General Commercial Zone: C4 , highway Commercial. District Land Use : Car Wash Facility East of SubjectT_Site : '%cross "A" Street) General Plan : 1(-dium Density Residontial Zone: C4 , llighw;ay Commercial District. Land Use : Existing Real Estate Office Staf f• Report -- ZC 81-8 - Page 3 6 . 0 ANALYSIS : The change of zone from R2, Medium Density Residential to "Q"C4 is consistent with the Citry ' s Land Use L.lement of the General Flan , which designates the site General Commercial . A survey of surrounding land uses indicates that the zone: change would be compatible with these uses . The properties to the south of the site consist of older single family dwellings and apartments . To the north across Warner Avenue , east across "A" Street , and to the west of the site are commerci.a.l uses which include an office building , car wash , liquor stor% and auto canter . By attaching a "Q" designation to the C4 zoning to limit the uses to office-processional , the site could be used as a t_ransitlion between residential uses to the south and con-xi.: rcial uses to the north , east and west . The "Q" designation has also beer. recommended by staff because office-professional. rises typically generate less traff,.c than commercial uses , and will have less of an impact on "A" Street: if the proposed office building is constructed . The subject property presently does not have direct access to Brach Boulevard or Warner Avenue . This will reauire that access to ::he proposed office building be t)cen irorr, "A" Street . Ultimately, the improvement of Warner fltrenue Will. give the site exteri,:)r frontLage on 11arner Avenue . I It is also recom:r►endek' that a 1.10 foot setback from; the: sectional district: line be required on the subject property . Th _s is in keeping with the policy of requiring additional setback on all major arterial streets and would conform to the setback required for the property to the east of: the site Nicruss "A" Street) as a result of Zcne Change No . 78-9 . 7 .0 RECOIMMENDAT ION The staff recommends that the Planning Commission approve Zone Change No. 81-8 as revised by staff to reflect: "Q" designation in conjunction with the C4 district. FINDINGS FOR APPROVAL: 1 . A change of zone from R2 , %ledium Density Residential to "Q"C4 , Qualified Clatisification combined with highway Commercial district is consistent with the :land use diagram of the General Plan which is General Commercial . 2 . The proposed zone change is compatible with surrounding land uses because the use ;rill se.CVO as a buffer between the residential rages to the south and regal l commercial and office uses located to the north , east and west. i i •• ' S to f f . Repor t •• 'I,C 81••8 Phge a CONDITIONS Or APF'RCaVAL FOB? THE "OUALIF T.ED" 1'RRVIX' 1. A 130 toot setbac'r. from the sectional district: line--: shzil be '4 required on the subject property . 2. Permitted uses shall be limited to those uses contained in Section 9471 . 4 PROFESSIONAL SERVICES AND OFFICES , of the Huntington Beach Ordinance Code . Medical , dental and retail uses shall bQ prohibi teci . ,,G -mS/dc Attachments : 1 . Area Map 2 . Plot Plan 3 . Ordinance ( to be handed out) I 1 II I o n iss ' o Minutes, H. B. planning C mrn � n August 4 , 1981 Rage 2 REGULAR AGENDA ITEMS: CONDITIONAL USE PERMIT NO. 81-19/CONDITIONAL EXCEPTION NO. 81-012 - Applicant: Fox Meadow Inc . (,Cont . from 7-21-81) To permit establishment of a temporary horse facility and to allow certain exceptions therefor , on property located on the south side of Ellis Avenue west of Goldenwest Street. Neither Commissioner Bannister or Commissioner Porter will be able to vote on this item, as they were not present at the July 21st meeting at which public testimony was taken nor have they reviewed the tapes of that meeting . Noting that:, this left no quorum to act on the requests , Chairman Paone asked for a continuance . ON MOTION BY PORTER AND SECOND BY BANNISTER CONDITIONAL USE PERMIT NO. 81-19 AND CONDITIONAL EXCEPTION NO. 81-012 WERE CONTINUED TO THE MEETING OF AUGUST 18, 1981 BY THE FOLLOWING VOTE : AYES: Bannister, Paone, Porter, Schumacher, Mahaffey NOES: None ABSENT: Senefick, Winchell ABSTAIN: :Done ZONE :CiiA►NGE NO. 81-8 t A "BEi.cant: yiilip' and Linda Oliver To permit a change of zone from R2 (Medium Density residential) to C4 (Highway Commercial ) on a . 27 acre parcel of land located on the west side of A Streetapproximately 50 feet south of Warner Avenue . The public hearing was opened . Philip Oliver , 300 Ocean Avenue, Sea]. Beach, spoke in support of his requested change of zone, concurring with the staff. ' s recommen- dation for C4 and the qualified zoning with the exception of the 11.0-foot setback from the sectional district line . It was his feel- ing that such 7 setback would create a hardship on this small lot in the use he could put on it and the siting of a structure and parking . Thei,e were no other persons to speak for or against the zone change , and t-he public heari.nq was closed . Savoy Uel. lavin informed the Commission that the st, would like to change the structure of th:- proposed ordinance to c-stablish the setback as a part of the body of the ordinance itself and not as a condition on the "0" designation . tie also explained the actual set- back of thirty ( 30) feet which the recommended setback would effect sin the subject site, s.ayinq that ultimate widening of Warne.: Avc-nue wr uld make the northerly property line of said property the future right:-of-way line. ''u: t:he nrteria] and provide the site with direct ca,_,c(!.rj s to Wa r it c r as w o�- 1 1 . - 2- 8-4-81 - P . C . Ninutes, H.B. Planning Cemml.Ssi.Oil -August 4 , 1981 Page 3 ! ~ Commission discussion e:isued . ON MOTION Pv PORTER AND SECOND S • BY SCHUMACHER THE COMMISSION . --' APPROVED ZONE CHANGE NC . 81-8 FOR RECOMMENDATION TO THE CITY COUNCIL FOR ADOPTION, c;AID CHANGE TO REFLECT A "Q" C-,l ZO141NG WITH THE RESTRICTIONS ON PERMITTED USES INCLUDED AS A CONDITION OF THE "Q" DESIGNATION AND THE 110 FOOT SETBACK FROM THE SEC- TIONAL tDISTRICT LINE T J BE DELINEATED ON THE SECTIONAI► UX'STRICT MAP AS AN INTEGRAL PART' OF THE ORDINANCE , WITH THE FOLLOWING FINDINGS AP.D CONDITION , BY THE FOLLOWING VOTE: FINDINGS : 1.. A change of zone :-1rorn R20 Medium Density Residential , to Qualified Classification combined with Highway Com- mercia3 District, is consistent with the land use diagram of the General PlE:n, which is General Commercial. u 1 2 . The proposed zone change is compatible with surrounding g and uses because th- use will serve as a buffer between the residential uses to the south and retail commercial and office uses located to the north, east, and west. CONDITION: 1 , permitted uses shall be limited `�Io those ANA OFFxCESntained of. the n Section 9471 . 4 PROFESSIONAL SER CES Huntington Beachordinance Code . Me�lica'. , ent,al. , and reta:.1 uses shall. be prohibited . AYES : Bannister, Paone , Porter, Schumacher NOES : Mahaffey ABSENT: Kenefick , Wi.nchell ABSTAIN: None SPECIAL SIG`: pT:RIdI t NO. 81-2 I�Poli.cant . J-im Marino Isuzu To permit the instal ,tion of one 64 square foot pol(: sign 25 feet in height on property located cn the west side of Beach Boul.evarr: southeast: of Main S".r.eet. . Z'hr I-),:lblic he4-iri.nq was opened. Marvin S pallburg, 137 Stanford Lane , Seel Beach , addressed the: r.:ammission to discuss the alternatives proposed by staff. Ik! informed them that the VW dealership adjoining his iaill. not )30 mit joint use of the existing sign ; he also noted that the will signs will not provi6e adequate identification from the sure=t for his use . lie stressed the fact that trje two dealerships were coanpletely separate from each other, each .requiring its own r-' sign-age . -3- > , Jj I Q -� WARNER ul V) _ 1 AVE 0 400 Cl) co t SCALE Ill FEET 1. AY nR zc 81 - 8 HUNTINGTON BEACH PLANNING DIVISION Publish Septefter 10, 1981 NOTICE OF PUBLIC HEAROING AN APPEAL TO THE PLANNING C"ISSION'S j APPROVAL OF ZONE CASE 140. 81-8 NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chaaber of the Civic Center. Huntington Beech, at the hour of 7:30 P,M. , or as soon thereafter as possible on .. MgMAX „ the 21st day of - SepteMer 19 81 . for the purpose of considering an appeal to the Planning Comaissidn's approval of Zone Case No. 81-8. Said Zone Cass is a request to change the zoning on property located west of "A" street, approximately 80 ft. south of the centerline of warner Avenue from R2, Medium Density Residential to "Q% C4, Highway Commrcial District combined with a Qualified Classification limiting the land uses on the subject property to professional offices and services . Said 'Lone Case would also prOdbit r*dical , eental and retail uses on the subject property. A 110 ft. setback from the centerline of Warner Avenue to the subject property was also approved by the planning Comission. A legal description is on file in the lkpartment of Development Services. All intent-stead persons tire invited to attend said hearing and express their j opinions for or against said tooc'#1 . Further fn onmtion may be obtained from the Office of the City Clerk, 2DOO Main Street, Nisitington Beach, California. 92648 - (714) 536-5227 f. DA7F-0—._.._U UUb*x...1Qx._J.9UJ____.. CITY OF HUNTIRGTON BEAD By: Al'iria M. lgntwo.th City Clerk C LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the City e,nnintj on of the City of Huntington Beach , California, for the purpose of considering ^h at Edu Ftonnincl C0WkW\15510nS a f f rotoL CIF ��'►-� C. � b $I • . � r �► 2 r�.e- 4f wva. r r.�t-� 7` `f n "4P -f�•Q 2 rr� � y � � pry �- c.Oc-a�, 1 �P C>F (JA0 1-e by P-r 6WI Vk OF t�s' OF V\Oyyyy A VX , 2,,� NW� i KiM WW-;PtTj f(ofv\ Q L�'" �,c�r�r►b i ri.�,dl 1�J t#� at Q # 641 ff LomA vw� ovi P(4>P f,4:551WAL of s CIA Said hearing will be held d at the hour of � P.M. , an - , in the Council Chambers Building of the Civic Center, ' 000 Main Street, Huntington Beach, California. All interested persons are invited to attend said hearing and express their Opinions for or against the proposed Vj f Further info tion may be obtained frann the City Planning Department,. Telephone No. (714) 536- 5271 DATED this day of . CITY PLANNING COMMISSION iTo VIP,\ `` t4b��P,, pr4our �- i ► . �a_t �1 . 1 WTICE TO CLERK TO SCHjurt E PUBLIC HEARIK, ITEM TO: CITY CLERK'S OFFICE DATE: _ FROM . VI! PLEASE SCHEDULiC A PUBLIC HARING USING THE ATTACHED LEGAL NOTICE FOR THE DAY or i 91q I � I AP'a are attached AP' s will follow No APIs Initiated by: Planning Crnmiss ion P 1 aniting Department Petition Appeal L--- Other i Adoption of Environmental Status (x) „�, YL'S N0 Wer to Al / Planning Department - Extension I� for additional informAtion. * If •��, �:al , please tr$namLt exAct wording to be required in the legal . I I y i 1i7*321-19 Y4)d71lfo v G&J- 09cm 3409 W 'C rLr set Avenua Sc f81-8 eta Ana, Ca13.f July 14, 1981 (JR) 92704 i 167-321-20 107-100-67 cmi9 X W"m Jake R Stewsrt 218 9th Street P.O. Boat 248 umt gtm eeedh, Calif Kan Andrew, Calif l 9 46 95249 167W32.1- 1 111 394,-11 . Ctac B Manta omm view sdvool Dixtrlxm 17022 A Surat 17021 Beach Blvd Califmnuromn Dosch, Iiuntbvjton , t.. 9M47 92647 142--191_-25 D&ALr d L MDYWh 8072ttixAld�h Beach, Celil< 9042 Adelia Bay Ler,e Hmtingi= Desch, Calif.46 167-32.1--23 r! 107-100-32 1 Roy C Wtan 16932 A Straet i , ChU 92647 107-100-33 PirtleL Jones 16942 A Suet 92647 107-100-04 Joeaph A R!.>:mo 600 Mm uwi.te rvmue tkakuw DOA mar, Calif 926:3 i 107-100-35 Fazk Vj W HaU. Wabow Club 149,11 A S try llw�tiri41,cr�r1boactt Wif 3 d a , ^ r V it 1 WV4= 167-321-04 Linda Oliver A Nict�o]ae Aocx�a et al 1006.1 Talbert Avwm � 1981 13032 B,izr�: ree wood Stt ui st* 207 euly i4, 9d1 (Jfi} Garden Grow, Calif Ebbing V&Lley, Calif 92708 92643 167-324--01 167-324-09 167-32105 Cit�j of Ar&inqi= Bwch Mifa Cbxporation YAwmeth E Jaom �Aii1&ad Yin t Stet 1Q702 Dftmr rAm Suite 205 Iuntington Beach, Calir 92646 Huntingbon Fes, Calif 9264G �I �GiLt 167-324-02 167-324 -10 167-321 06 .l:im B Saul (,enmral. Baptiut Cutch Ridwad Borges 9871 Lamson Aw wm of 00eanview IU1.2 B Street Gkrden GLv%mi. Calif $0 L Di Huntington Nbac hi Calif 92641 17101 A�t 92647 167-324-03 Huntington Bauch, Calif 167-321-07 Lloyd A Ma►rm 92647 Stephen C R3M 12M Vimm Pan amet M-ivs P.O. Box 244 Banta► , Calif S%irfaideI Calif 92705 90743 167-324-05 167--324-11 167-321-14 M d-Iml B Md4ohm 14aarer Beach Co. Inc Jotm Whelan 17OU A Strwt 17042 bawh Blvd. 3412 Mmrcm Avenue BuntiriRban , Calif I tm ngton Beach,, Calif w Dwdz, Calif 92647 92647 92660 167-324-05 167-321•-01 167-321-15 Pak ftv*dng I er cue D Schley 17032 A S ftvet Apt B 6692 Urbow Key Circle Wztinftm Beach, Calif. Huntington &each, Calif 92647 92655 92648 167-324-06 167-321-01 167-321--16 StwJAW Owl Acbert P Mandi.c Pcbe rt E Brcwn 17051 A Strut 12689 Lanak ila Zang 3357 Burton Aw"ja muntilij n HaKh, ml.if Garden Grnve, CALL A30mawr Calif 92647 92641 91770 167-324-07 167-321--02 167--321•-17 Willim P Anttk-wW Viola 9 Mwray Donald F Dwanson 10585 Slater Ave" 6081 8olsa Awme 7862 16th Strmt F A-Ain Valley, Calif radway City, Calif Meetmimter, r.,alif 92I08 92655 92683 1.67-324-08 167-32103 167-321-18 10� D z.awari �. 0 "id-a Pat I�t�rirx3 William Bcut�ari 11.20 Pacific Cb, G 1t1 t ,•, ey 61832 Savoy GYm�+e -•61 t�►.mtinc D�c•�'tti, C.:1i1� 1juntimmm He ;h, Calif Surfs1de, calif � 92647 90743 4254%1 3 f � a4. -6o( Jt? do I ORDINANCE NO. eY7 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM MEDIUM DENSITY RESI- DENTIAL DISTRICT TO COMMUNITY BUSINESS DISTRICT ON REAL PROPERTY GENERALLY LOCATED ON BEACH BOULEVARD SOUTH OF WARNER AVENUE (ZONE CASE NO . 81-8 ) WHEREAS, pursuant to the state Planning and Zoning Law, the Huntington Beach Planning Commission and Huntington Beach City Council have had separate public hearings relative to Zone I Case No. 81-8 wherein both bodies ha'- e carefully considered all information presented at said hearings , and after due con- sideration of the findings acid recommendations of the Planning Commission and all evidence%presented to sari City Council , the City Council finds that such zone chancre is proper, and consis- tent with the general plait , NOW, THEREFORE, the' City Council of the City of Huntington Beach does ordain as foilows : r SE...CTION 1 . The following described real property, generally located on Beach Boultivard south of Warner Avenue , is hereby changed from R2 , "Medium Density Residential District" to C2, "Community Business District : Lots 19 and 21 of Tract 298 , city of Fiuntingion Beach , County of Orange , State of California. SECTION 2 . The Development Services Director is hereby directed to amend Section 9061 , District ila.p 30 ( Sectional Pistrict Map 25-5-11 ) to reflect 'Lone Case No . 81--8 , de- scribed in Section 1 hereof. A copy of said district map , a:, amended hereby, is available for, inspection in the office o, the City Clerk. ahb 7/31/8 t SECTION 3. This ordinance shall take effect thirty days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 1981. Mayor ATTEST : APPROVED AS TO FORM: City Clerk V City Attorney REVIEWED AND APPROVED : IP:ITIATED AND APPROVED : 4— � City Admire straL• irector of Development Services 2 . _ 4 t in reference to "one Case 81-4 we tha undersif;nod property otrnors cnd reoidednte of aurrmmidW area arti agu+tarb a'i-ad zn�, r;h 1-Is _ir! Cr-r.aa.rd to Via Curthar encroachment of commercial zoning into ourr residentijil• arc -knd we feel the additiot'al eo:�rnorcial use of this property, ranrticularl.y with the restricted antry onto Whrnar, will creato oxceasive traffics noise and om4est i on onto our reeidentldl, street,, ►'awe Address ,Sigmture �;,Ov AP; l70-1 z 57-?047 &L.i 4, W CA R60 1104G A STRvV.Y y CMLLe.) 170qZ� �4 Sy t _.� r 6A I(1k r-d, 17 0 5 t /0 6 t A 70 r 2L 170 {7 S 0, 04 ke '�