HomeMy WebLinkAbout1997-03-25MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, MARCH 25, 1997 .
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION - 5:30 PM
(Agenda Review)
HARRIETT M. WIEDER REGIONAL PARK (5:30 -6:00 PM) - Julie Osugi
HOLLY-SEACLIFF PROJECTS STATUS (6:00-6:30 PM) - Mary Beth Broeren
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
A P . P P P A P
ROLL CALL: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker
AGENDA APPROVAL
Anyone wishing to speak must fill out and submit aform to speak. No action can be taken by the Planning Commission on
this date, unless the item is agendized Any one wishing to speak on items not on tonight's agenda or on non-public hearing
items may do so during ORAL COMMUNICATIONS. Speakers on items scheduled forPURLIC HEAPUNG will be invited
to speak during the public hearing (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS)
A. ORAL COMMUNICATIONS
Richard Harlow, 211-B Main Street, representing BM)WK applicant for Item D-1, gave a
progress report and stated compliance with all conditions should occur within one (1)
month. Mr. Harlow also requested approval of a Parcel Map waiver following the
completion of all dedications and street improvements.
B. PUBLIC HEARING ITEMS
B-1 CONDITIONAL USE PERMIT NO. 96-71/ PECIAL SIGN PERMIT NO 96-18
(PETSMARTL-
APPLICANT: ICI Development Company, c/o Martin Potts &
LOCATION: 6882 Edinger Avenue (southwest corner of Edinger Avenue and
Golden West Street).
PROJECT
PLANNER: Susan Pierce
Transmitted for Planning Commission consideration is a request by ICI Development Company
to permit construction of a 27,168 square foot commercial building with veterinary services and
a two phase site improvement plan to comply with the minimum parking and landscaping
requirements. The request also includes a special sign permit to allow a 262 sq. ft. wall sign and
two 8 sq. ft. service signs (total of 278 sq. ft.) in lieu of a maximum 200 sq. ft. wall sign.
STAFF RECOMMENDATION:
Staff recommends approval of Conditional Use Permit No. 96-71 and Special Sign Permit No.
96-18 for the following reasons:
• The project is consistent with the Commercial General land use designation of the General
Plan and with the Land Use and Economic Elements because it increases the type and variety
of commercial activity in the City.
• The project will not be detrimental to the general health, welfare and safety, or detrimental to
the value of the improvements in the area because sufficient parking is provided for the
proposed use and existing uses, landscaping will be increased, noise impacts are minimized.
• The project provides good land planning techniques with maximum use of aesthetically
pleasing types of architecture, landscaping, signs, site layout and design.
• The proposed wall signs are proportionate to the size of the building wall and will be 400 feet
from Edinger Avenue.
Staff stated that a letter had been received from the applicant dated March 24, 1997, requesting
continuance of this item to the April 22, 1997, Planning Commission meeting to allow time to
evaluate the conditions of approval recommended by staff.
The Commission requested that staff detail the parking requirements for Home Depot and other
commercial uses in the area when the item is brought back before the Commission.
PC Minutes - 3/25/97 2 (97PCM325)
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A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO CONTINUE
CONDITIONAL USE PERMIT NO.96-71 TO THE APRIL 22,1997, PLANNING
COMMISSION MEETING WITH PUBLIC HEARING OPEN, AT THE APPLICANT'S
REQUEST, BY THE FOLLOWING VOTE:
AYES: Chapman, Livengood, Kerins, Biddle, Speaker
NOES: None
ABSENT: Inglee, Tillotson
ABSTAIN: None
MOTION PASSED
B-2 CONDITIONAL USE PERMIT NO.97-3/COASTAL DEVELOPMENT PERMIT
NO. 97-11(FARMER'S MARKET RELOCATION):
APPLICANT: City of Huntington Beach, Department of Economic Development
LOCATION: Main Street between Walnut and Olive Avenues, Walnut Avenue
between Main and 5th Streets, and on the parking lot at the southwest
corner of 5th Street and Walnut Avenue).
PROJECT
PLANNER: Wayne Carvalho
Transmitted for Planning Commission consideration is a request by the City of Huntington
Beach Department of Economic Development to permit the interim relocation for a portion of the
weekly street fair from the third block on Main Street to the parking lot on the southwest corner
of Fifth and Walnut (Surf Theater site). The request also includes relocating the previously
approved segment on Olive Avenue to Walnut Avenue between the mid -block alley and Fifth
Street. The relocation is necessary to allow for construction of the Third Block West project
slated to begin in a few months. Once the construction is completed, the market/fair will relocate
back onto Main Street. Circulation, parking and compatibility issues have been reviewed by City
staff, who have recommended conditions to minimize any impact to the downtown residents and
businesses.
STAFF RECOMMENDATION:
Staff recommends the Planning Commission approve Conditional Use Permit No. 97-3 and
Coastal Development Permit No. 97-11 for the operation of a Street Fair for the following
reasons:
PC Minutes - 3/25/97
(97PCM325)
The interim relocation of a portion of the street fair will be compatible with the surrounding
uses.
The interim street fair relocation is consistent with the Downtown Specific Plan as the street
fair will enhance pedestrian traffic in the downtown which compliments the visitor serving
commercial uses.
The relocation of the street fair will not create a negative impact to surrounding properties
nor will the street closure create an adverse traffic circulation problem.
The use is consistent with the goals and policies of the General Plan by promoting visitor
serving commercial activity in the downtown.
THE PUBLIC HEARING WAS OPENED.
THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
The Commission asked staff if the request would be an expansion of the market and where do
merchants inquire about renting booths. David Biggs, Economic Development Director, stated this
was not an expansion of the market, just a relocation. He also stated that interested merchants
could contact the Economic Development Department.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO APPROVE
CONDITIONAL USE PERMIT NO.97-3 AND COASTAL DEVELOPMENT PERMIT NO.
97-11 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING
VOTE:
AYES: Chapman, Livengood, Kerins, Biddle, Speaker
NOES: None
ABSENT: Inglee, Tillotson
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 97-3:
1. The interim relocation of a portion of the Street Fair onto the City parking lot at the
southwest corner of Fifth Street and Walnut Avenue, and on Walnut Avenue between the
mid -block alley (between Main Street and Fifth Street) and Fifth Street will not be
detrimental to the general welfare of persons working or residing in the vicinity nor
detrimental to the value of property and improvements in the area. With the conditions
imposed, the operation of the weekly event will not impact the surrounding businesses and
residents.
PC Minutes - 3/25/97 4 (97PCM325)
f]
2. Conditional Use Permit No. 97-3 for the establishment and operation of Street Fair at the
interim locations will be compatible with surrounding commercial, office and residential
uses. The fair will occur on a weekly basis during typical retail business hours and will not
adversely impact the surrounding retail, restaurant, office and residential uses.
3. The proposed Street Fair interim location will comply with the provisions set forth in the
Downtown Specific Plan District Nos. 3 & 5 - Coastal Zone. The use will also comply with
other applicable provisions of Titles 20-25 of the Huntington Beach Zoning and Subdivision
Ordinance to the extent feasible.
4. The granting of Conditional Use Permit No. 97-3 for the interim relocation of a portion of the
Street Fair onto the City parking lot at the southwest corner of Fifth Street and Walnut
Avenue, and on Walnut Avenue between the mid -block alley and Fifth Street will not
adversely affect the General Plan. The Street Fair is consistent with the Mixed -Use Land Use
designation of the General Plan.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO 97-11:
1. The proposed establishment and operation of the street fair interim location conforms with
the plans, policies, requirements and standards of the Huntington Beach Coastal Element of
the General Plan.
2. Coastal Development Permit No. 97-11 is consistent with the CZ (Coastal Zone) suffix, the
zoning of Downtown Specific Plan District No. 5, as well as other provisions of the
Huntington Beach Ordinance Code applicable to the property.
3. All infrastructure exists for the proposed street fair interim location that is consistent with the
Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan.
4. The proposed street fair interim location conforms with the public access and public
recreation policies of Chapter 3 of the California Coastal Act. All public access will remain
to beach and pier area.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 97-3/ OASTAL
DEVELOPMENT PERMIT NO, 97-11:
1. The site plan received and dated January 16, 1996 shall be the conceptually approved layout
for the interim use with the following modifications:
a. The proposed pedestrian gate shall be relocated to the corner of Fifth Street and Walnut
Avenue, and shall face Fifth Street.
PC Minutes - 3/25/97 5 (97PCM325)
2. Prior to operation of the Street Fair, the following shall be completed:
a. If lighting is proposed, an electrical lighting plan shall be submitted and approved by the
Fire Department, and Building Division. All outside lighting shall be directed to prevent
"spillage" onto adjacent properties.
b. An encroachment permit shall be issued to the Economic Development Department by
the Public Works Department at no fee for the duration of its operation. (PW)
c. Provide Emergency Exit Plan for review and approval by Building Division, Fire
Department and Police Department. Such plan shall be fully dimensioned, identify all
street furniture, tables and chairs, etc.. The plan shall include all areas of the proposed
street fair along Walnut Avenue and Fifth Street and shall comply with the following:
1) Provide 20 feet minimum clear exit width (10 feet minimum each side of the street)
for each store front. Clear exit width must not be blocked in any manner or objects
placed in the required clear path. Provide an exit and emergency plan to verify clear
width is provided. (BD)
2) The alley behind the stores between Olive and Walnut Avenue shall be barricaded and
accessible for emergencies and business owners. (BD)
3) Compliance with Condition Nos. 3.b. and 3.c., herein.
3. During the event, the following shall be complied with:
a. Hours of operation shall be limited to Fridays between 7:00 AM to 9:00 PM.
b. Maintain 24 foot wide fire apparatus access either by providing one (1) 24 foot wide lane
down the center of the streets or two (2) 12 foot wide lanes around the trucks/booths.
(FD)
c. If the layout involves trucks/booths along the street curb, the vendors shall maintain a
minimum six (6) foot wide aisle every third truck/booth for access between the center
aisle and public sidewalk area. A 24 foot wide fire apparatus access lane down the center
of the street shall be maintained. (FD)
d. The intersections of Olive/Main, Walnut/Main, and Walnut/Fifth may be barricaded,
however, they are to remain passable during an emergency. (FD)
e. The alley between Walnut/Olive, Main/5th shall be barricaded to allow for emergency
vehicle access. Business owners shall have access for the purpose of parking in approved
spaces only.
PC Minutes - 3/25/97 - 6 (97PCM325)
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f. The alleys adjacent to the new Farmer's Market site shall remain clear at all times. No
parking in these alleys shall be permitted (FD)
g. Barricades shall be installed per City direction. (PW)
h. Provide police or parking enforcement patrols to eliminate parking violations in alleys.
(FD)
i. All stands/booths shall be self-supporting units; no nail, stakes, holes in public street or
sidewalk are permitted. (PW)
j. The height of temporary structures must not exceed ten (10) feet. (BD)
k. Tables and chairs shall not be allowed in any required exit width by the building store
owners or Street Fair vendor space. (BD)
1. Applicant must make appropriate arrangements for collection of refuse. (PW)
in. All store owners, tenant owners, property managers, market vendors must be given a
copy of the approved Emergency Exit Plan showing all required areas to be maintained
clear of obstructions, or a similar method that will achieve the same results. (BD)
n. The alley entrance gate shall remain open to allow free movement of pedestrians. There
shall be a minimum of two locations for egress and access to the new site (PW, BD)
4. After each Street Fair, the following shall be complied with:
a. Street sweeping after closing shall be provided. (PW)
b. Public Works Inspection/Survey will be conducted to ensure integrity and identify
damage in writing to the applicant. (PW)
5. The Community Development Director shall be notified in writing if any changes to the
Street Fair are proposed. No changes shall be made until the Community Development
Department has reviewed and approved the changes. The Community Development
Department reserves the right to require that an amendment to the original entitlement be
processed if the proposed changes are of a substantial nature.
INFORMATION ON SPECIFIC CODE REQUIREMENTS
1. The development shall comply with all applicable provisions of the Ordinance Code,
Building Division, and Fire Department.
PC Minutes - 3/25/97
(97PCM325)
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2. Conditional Use Permit No. 97-3 and Coastal Development Permit No. 97-11 shall become
null and void unless exercised within one (1) year of the date of final approval, or such
extension of time as may be granted by the Planning Director pursuant to a written request
submitted to the Planning Division a minimum 30 days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 97-3 and
Coastal Development Permit No. 97-11 if any violation of these conditions or the Huntington
Beach Ordinance Code occurs.
B-3 ANNUAL REVIEW OF THE HOLLY-SEACLIFF DEVELOPMENT
AGREEMENT:
APPLICANT: City of Huntington Beach
LOCATION: Approximately 450 acres located between Ellis Avenue on the north,
Huntington Street on the east, Edwards Street on the west and the
Seacliff Golf Course on the south.
PROJECT
PLANNER: Mary, Beth Broeren
The Holly Seacliff Development Agreement No. 90-1 requires the Developer to prepare an
annual monitoring report and requires staff to prepare a compliance report. The purpose of these
reports is to ascertain good faith compliance by the Developer and the City with the terms of the
Agreement and evaluate the annual progress associated with required improvements in the Holly
Seacliff area.
This is the sixth consecutive review of Development Agreement Compliance. Since last year's
review, the Development Agreement properties have been sold by Chevron Land and
Development Company to three companies: PLC, MS Vickers II, LLC and New Urban West,
Inc. In general, however, PLC acquired most of the infrastructure obligations of the
Development Agreement.
STAFF RECOMMENDATION:
Staff has reviewed the 1996 annual monitoring report prepared by PLC and the actions of the
other new owners and has determined that the developers are in compliance with the
requirements of the Development Agreement. Staff recommends that the Planning Commission
determine that the developers are in compliance and forward the report to the City Council for
review and approval.
PC Minutes - 3/25/97
(97PCM325)
THE PUBLIC HEARING WAS OPENED.
Bill Holman, 23 Corporate Plaza Drive, Newport Beach, representing applicant, gave a brief
history of the site and an overview of the conditions of approval they have complied with during
the previous six (6) months in addition to the annual review requirements. Mr. Holman urged
the Commission to approve the request.
Commissioner Speaker stated there were 3,780 units to be built in the original Development
Agreement; he asked what the proposed unit count is now. Mr. Holman stated there will be a
total of approximately 3,000 with PLC building 2,100 of those.
Jeff Metzel, 19391 Shady Harbor Circle, stated that a median on Summit Drive (formerly Clay)
prevents left hand turns onto Seapointe Avenue, prohibiting easy access to Pacific Coast
Highway. He asked the Commission if this could be reviewed and modified to allow a left hand
turn.
Jim Xanthakis, 18886 Main Street, President FANS, stated that the Developer has been in
compliance with the Development Agreement, is proposing to build quality homes, and feels that
property valuation will be increased. He urged the Commission to approve the annual review.
Phillip Ow, 509-20th Street, FANS, encouraged approval of the request.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Commissioner Chapman stated that the Development Agreement was approved with a schedule
of street improvements. He asked staff why the original schedule had not been followed. Mary
Beth Broeren stated that a schedule had been discussed when the Development Agreement was
approved but a specific time line had not been adopted or incorporated into the Agreement. Ms.
Broeren also stated that right-of-way street acquisitions had to be obtained prior to improvements
being made. Other considerations included coordinating the improvements so that two (2) major
arterials were not under construction at the same time, and scheduling concurrent improvements
at locations far enough apart so as not to interfere with traffic circulation.
Commissioner Chapman asked staff if the water mains in Edwards and Garfield where designed
in anticipation of the Cross -Gap Connector not going through. Bruce Crosby, Public Works,
stated that a 16 inch water line in Garfield at Seapointe was designed to incorporate the Cross -
Gap Connector.
Commissioner Chapman asked staff if the Developer had re -opened negotiations with the School
District because of the developments reduction in density. Staff stated that they are currently in
negotiations with the Elementary School District and are pursuing negotiations with the High
School District.
PC Minutes - 3/25/97 9 (97PCM325)
Commissioner Chapman stated that the Staff Report says there is a $200 dollar fee paid by the
Developer to reimburse the City for costs incurred for preparation of the annual review. He
asked staff if this covered all costs incurred and, if so, why did it take five (5) months to bring the
review before the Commission if PLC submitted their report on October 30, 1996. Staff stated
that the fee of $200 is set by City Council for all development agreement reviews. Staff also
stated that the City is currently reviewing the fee structure for development agreement review.
The fee is low compared to initial review costs because the bulk of the work is done when
preparing the agreement. Staff stated that the delay in presenting the report was due to numerous
projects currently under review in the City creating time constrictions on staff. Another reason is
that MS Vickers II, LLC, a company who purchased parts of the subject property, had not
submitted a report and had not communicated with the City in any manner.
Commissioner Speaker asked staff if the amount of Building Permit fees collected will be lower
due to the reduction in density. Staff stated that Building Permit fees are based on valuation, and
although there is a reduction in density some of the proposed homes are larger. Commissioner
Speaker requested that a fiscal impact comparison analysis be prepared comparing the original
project with the downsized project. He also stated concern that all requirements of the
development agreement would not be satisfied by the developer due to a lack of funds from
payment of fees. Staff stated that the developer is obligated to uphold all requirements of the
development agreement, even with a reduction in density.
Commissioner Kerins asked staff if any obstacles were perceived in the 120 day right-of-way
acquisition plan of the Traffic Circulation Plan. Staff stated that at this point none had been
perceived.
Commissioner Chapman stated that the lack of City effort to maintain its side of the
Development Agreement shows a lack of credibility with its citizens. The citizens were told by
the Administration prior to the Development Agreement's approval that the public benefits for
public traffic circulation and streetscape improvements would be that the "Developer will
dedicate right-of-way, design and construct arterial highways including medians, landscape
parkways and walls on -site and off -site within five (5) years instead of ten (10) years. "
We are now in the seventh year and this has not been completed because the City has had "other
priorities." The Development Agreement states that the Developer is to improve the northern
half of Ellis between Goldenwest and Edwards and Edwards between Ellis and Inlet. The
Developer was to be reimbursed by the issuance of a credit against its Traffic Impact Fees. Last
year a reimbursement agreement was approved which changed the agreement that he believes
states that the City would require the Developer to improve Ellis and Edwards only when there
were enough funds in the Traffic Impact Fee account to pay for the improvements. Because the
City must first reimburse the Developer for the improvements to Seapointe, the lower densities
decreasing the amount of Traffic Impact Fees paid into the account and the fact that these funds
can be used anywhere in the City, there is the real possibility that there may never be enough
funds in the account to start the construction of these streets.
PC Minutes - 3/25/97 10 (97PCM325)
1
He believes the Developer has complied with their side of the Agreement up to November 1,
1996, and for that reason he will be voting to approve the 1996 Compliance Report. He strongly
urges the Commission to add a letter stating that the City has not been doing its best to comply
with its obligations and because of that many roadway improvements will never be completed by
the Developer.
Commissioner Biddle stated that he would also like to see a letter as suggested by Commissioner
Chapman submitted to the City Council.
Commissioner Speaker stated that the Developer has done a good job, but he would like to see an
analysis on the effect a reduction in density will have on the Housing Element of the General
Plan and as mandated by the State. He feels the City Council should have this information.
Scott Hess, Senior Planner, respectfully requested that the Commission not act on Commissioner
Chapman's letter request until the full Commission has the benefit to hear a report from Public
Works as to why certain decisions were made relative to the phasing of street improvements.
Commissioner Chapman had the benefit of meeting with Public Works staff and hear the
justification and disagrees with some of those decisions. However, before the full Commission
votes on a motion to send this issue to the City Council, staff recommends that the Commission
hear a presentation from the Department of Public Works to explain the street improvement
phasing plan. Commissioner Chapman concurred with staff.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KERINS, TO
DETERMINE THAT THE DEVELOPER IS IN COMPLIANCE WITH THE HOLLY
SEACLIFF DEVELOPMENT AGREEMENT, APPROVE THE REPORT AND
FORWARD TO THE CITY COUNCIL WITH AN IMPACT STUDY OF THE DENSITY
REDUCTION FOR REVIEW AND ACCEPTANCE, BY THE FOLLOWING VOTE:
AYES: Chapman, Livengood, Kerins, Biddle, Speaker
NOES: None
ABSENT: Inglee, Tillotson
ABSTAIN: None
MOTION PASSED
PC Minutes - 3/25/97
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(97PCM325)
C. CONSENT CALENDAR
C-1 GENERAL PLAN CONFORMANCE NO.96-15:
APPLICANT: City of Huntington Beach, Water Division
LOCATION: A 1.136 acre parcel east of Main Street, south of Garfield Avenue and
North of Clay Street.
PLANNER
ASSIGNED: Dennis Coulter
General Plan Conformance No. 96-15 is a request by the City of Huntington Beach Water
Division to determine if the purchase of an abandoned railroad right-of-way at the above
location, and its subsequent use for temporary storage and parking, is in compliance with the
goals and policies of the General Plan.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission adopt Resolution No. 1524, approving General
Plan Conformance No. 96-15 with findings.
A MOTION WAS MADE BY BIDDLE, SECONDED BY CHAPMAN, TO ADOPT
RESOLUTION NO. 1524, APPROVED GENERAL PLAN CONFORMANCE NO.96-15
WITH FINDINGS, BY THE FOLLOWING VOTE:
AYES: Chapman, Livengood, Kerins, Biddle, Speaker
NOES: None
ABSENT: Inglee, Tillotson
ABSTAIN: None
MOTION PASSED
FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO, 96-15:
1. Acquisition of the subject property by the Water Division of the City of Huntington Beach
will provide a needed temporary storage area for Water Division Yard operations.
2. Acquisition of the subject property by the Water Division of the City of Huntington Beach
will provide an additional source of revenue to the City through an agreement with the
Cambro Company to lease the southern portion of the property for temporary vehicle
parking.
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3. Acquisition of the subject property by the Water Division of the City of Huntington Beach
and the subsequent lease of the portion adjacent to the Cambro Company for additional on -
site parking will be a benefit to the surrounding residential neighborhood by taking parking
off of the street. Reduced street parking in the surrounding neighborhood will improve the
appearance and public safety considerations by increasing visibility.
4. Acquisition of the subject property by the Water Division of the City of Huntington Beach is
also the acquisition of a railroad right-of-way which will provide for the future transportation
needs of the residents of the City of Huntington Beach. The temporary use of the property by
the Water Division, and the lease agreement to the Cambro Company for temporary vehicle
parking will retain ownership of the railroad right-of-way by local government and conforms
to the policy of reserving the abandoned rail right-of-way.
C-2 PLANNING COMMISSION MINUTES DATED FEBRUARY 11, 1997
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO CONTINUE
THE PLANNING COMMISSION MINUTES DATED FEBRUARY 11,1997 TO THE
APRIL 8,1997 MEETING, BY THE FOLLOWING VOTE:
AYES: Livengood, Kerins, Biddle, Speaker
NOES: None
ABSENT: Inglee, Tillotson
ABSTAIN: Chapman
MOTION PASSED
C-3 PLANNING COMMISSION MINUTES DATED FEBRUARY 25,1997
A MOTION WAS MADE BY KERINS, SECONDED BY SPEAKER, TO APPROVE THE
PLANNING COMMISSION MINUTES DATED FEBRUARY 25,1997, BY THE
FOLLOWING VOTE:
AYES:
Chapman, Livengood, Kerins, Speaker
NOES:
None
ABSENT:
Inglee, Tillotson
ABSTAIN:
Biddle
MOTION PASSED
PC Minutes - 3/25/97
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(97PCM325)
D. NON-PUBLIC HEARING ITEMS
D-1 CONDITIONAL USE PERMIT NO.95-93/VARIANCE NO.95-28 - ONE (1)
YEAR REVIEW (BMWK AUTOI:
APPLICANT: Nabile Kahale
LOCATION: 7412 Talbert Avenue (south side, east of Gothard Street).
PROJECT
PLANNER: Wayne Carvalho
On March 12, 1996, the Planning Commission conditionally approved Conditional Use Permit
No. 95-93 and Variance No. 95-28, a request to permit an existing 1,585 square foot industrial
building addition to an existing automotive repair facility, and a reduction in the required number
of parking spaces and landscaping. Condition of Approval No. 10 requires a one (1) year review
to assess the progress on specific conditions of approval. Staff has completed the review and is
forwarding the information for Planning Commission review.
STAFF RECOMMENDATION:
Staff recommends that the Planning Commission receive and file the one (1) year status report of
Conditional Use Permit No. 95-93 and Variance No. 95-28; and direct staff to submit a status
report to the Planning Commission within 60 days to assure final compliance with the conditions
of approval.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KERINS, TO FILE THE
ONE (1) YEAR STATUS REPORT OF CONDITIONAL USE PERMIT NO.95-93 AND
VARIANCE NO.95-28 AS SUBMITTED AND DIRECTED STAFF TO SUBMIT A
STATUS REPORT TO THE PLANNING COMMISSION WITHIN 60 DAYS TO
ASSURE FINAL COMPLIANCE WITH THE CONDITIONS OF APPROVAL, BY THE
FOLLOWING VOTE:
AYES: Chapman, Livengood, Kerins, Biddle, Speaker
NOES: None
ABSENT: Inglee, Tillotson
ABSTAIN: None
MOTION PASSED
PC Minutes - 3/25/97 14 (97PCM325)
D-2 AMENDMENT TO HOLLY SEACLIFF COMMUNITY DESIGN GUIDELINES:
APPLICANT: PLC
LOCATION: The Holly Seacliff Specific Plan area is located south of Ellis Avenue
and north of Palm Avenue, west of Main Street and east of the City's
western boundary.
PROJECT
PLANNER: Mary Beth Broeren
PLC proposes amendments to the existing Community Design Guidelines (CDG) to reflect the
company's vision for the Holly Seacliff area with regards to monumentation and signage. The
CDG are a requirement of the Holly Seacliff Specific Plan (HSSP) and were originally approved
on March 4, 1993. 'The CDG are intended to provide for continuity and compatibility of design
within the Holly Seacliff Specific Plan area. They address streetscape, monumentation and
signage, walls and fences, street furniture and pedestrian linkages.
PLC proposed changes include updating the monumentation exhibits to depict a new Seacliff
logo, location of monumentation and general design of monumentation walls. Staff is also
recommending text changes that clarify the approval process, design criteria for walls, the nature
of the pedestrian linkages in the area and discussion of swales. Additionally, the document has
been reorganized, a color palette has been added and the plant list has been updated. The
applicant is in agreement with staff s recommendations.
STAFF RECOMMENDATION:
On February 13, 1997 the Design Review Board recommended approval of the Community
Design Guidelines and forwarded it to the Planning Commission for approval. Staff
recommends the Planning Commission approve the Community Design Guidelines for the
Holly-Seacliff Specific Plan.
A MOTION WAS MADE BY BIDDLE, SECONDED BY LIVENGOOD, TO APPROVE
THE COMMUNITY DESIGN GUIDELINES FOR THE HOLLY-SEACLIFF SPECIFIC
PLAN, BY THE FOLLOWING VOTE:
AYES: Chapman, Livengood, Kerins, Biddle,, Speaker
NOES: None
ABSENT: Inglee, Tillotson
ABSTAIN: None
MOTION PASSED
PC Minutes - 3/25/97 15 (97PCM325)
J
E. PLANNING COMMISSION ITEMSANQUIRIES
Commissioner Speaker - referred to the memo from Councilmember Dave Garofalo
requesting the Planning Commission to study the General Plan and Zoning on parcels
along Pacific Coast Highway between 17th Street and Goldenwest Street to determine
whether the current designations are appropriate. Commissioner Speaker requested that
staff expedite the process to allow any amendments made to be submitted to the
California Coastal Commission at the same time as their recently adopted changes to the
block along Pacific Coast Highway between 21 st and 22nd Streets. Staff explained that
the process for a zone change includes detailed analysis and would be six (6) to eight (8)
months before it would be ready for the Coastal Commission. Staff stated they did not
think the other applications should be held up for that length of time. Commissioner
Speaker agreed and withdrew his request.
Commissioner Biddle - thanked the City for allowing the Commissioners to attend the
League of Cities Planning Institute.
Commissioner Livengood - stated that the County of Orange would be holding a forum
on the Linear Park on April 14, 1997, at City Hall.
Commissioner Kerins - explained that he had been advised by Planning staff that verbal
comments made by an applicant during a public hearing become part of the public record
but are not enforceable unless they become a condition of approval of the project. He
said this is contrary to planning journals he has read and asked the Deputy City Attorney
if staff s opinion is correct. Paul D'Alessandro agreed with staff s opinion, however, he
stated that he would be open to reviewing any literature on the matter. He further
indicated that since the applicants are not sworn in under oath, legally the City cannot
enforce their comments.
F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Howard Zelefskv, Planning Director - restated actions taken at previous City Council
meetings and discussed upcoming items.
F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING
Scott Hess, Senior Planner - reviewed the items for the April 8, 1997, Planning
Commission meeting.
PC Minutes - 3/25/97 16 (97PCM325)
G. ADJOURNMENT -Adjourn to the March, 31,1997, Brown Act Workshop at 7: 00 PM
in the City Council Chambers and then to the Planning Commission Workshop
April4,1997.
A MOTION WAS MADE BY BIDDLE, SECONDED BY SPEAKER, TO ADJOURN TO
A 7:00 PM BROWN ACT WORKSHOP ON MARCH 21,1997, AND THEN TO THE
APRIL 4,1997, PLANNING COMMISSION WORKSHOP AT 12:00 PM IN ROOM B-8,
BY THE FOLLOWING VOTE:
AYES: Chapman, Livengood, Kerins, Biddle, Speaker
NOES: None
ABSENT: Inglee, Tillotson
ABSTAIN: None
MOTION PASSED
/kjl
APPROVED BY:
Holq
Zelefs , Secretary
A
Planning Commission C erson
PC Minutes - 3/25/97 17 (97PCM325)