HomeMy WebLinkAbout1998-10-27MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, OCTOBER 27,1998
Council Chambers - Civic Center
2000 Main Street
Huntington Beach, California
STUDY SESSION - 5:30 PM
(Room B-8)
HERITAGE (ELLIS-GOLDENWEST• 24 SFR) (5.30 — 5.45 PM) —Wayne Carvalho
WAL MART — (5:45 — 6:00 PM) — Jane Madera
AGENDA REVIEW — (6:OOPM — 6:15 PM) — Herb Fauland
REGULAR MEETING - 7:00 PM
PLEDGE OF ALLEGIANCE
P A P P P A A
ROLL CALL: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker
AGENDA APPROVAL
Anyone wishing to speak must fill out and submit a form 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 for PUBLIC HEARING will be invited
to speak during the public hearing. (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS)
A. ORAL COMMUNICATIONS
NONE
B. PUBLIC HEARING ITEMS
B-1 ENTITLEMENT PLAN AMENDMENT NO 98-6 (TAXI'S TAVERN)
(CONTINUED FROM THE OCTOBER 13 1998 MEETING• -
APPLICANT: Emil Varona
LOCATION: 318 Main Street (northwest of Main Street and Olive Avenue)
PROJECT
PLANNER: Peter Vanek
Entitlement Plan Amendment No. 98-6 is a request by Mr. Emil Varona to increase the number
of livc.. -cr �l ormers permitted and to allow dancing in an existing restaurant and bar. Conditional
Us- Pennit No. 90-32 limited the number of live performers to two (2) and prohibited dancing.
The applicant would like to increase the number of live performers to six (6) in an effort to
provide a more diverse mix of live entertainment to the local residents and tourists (see
Attachment No. 3).
This item was continued from the October 13, 1998 meeting in order to allow time for the Police
Department to respond to several Planning Commission inquiries. A representative of the Police
Department is available to attend the November 10, 1998 meeting. Staff is requesting a
continuance due to the number and complexity of the items scheduled for the October 27, 1998
meeting. The applicant is in agreement with the continuance.
STAFF RECOMMENDATION:
Staff recommends the Planning Commission continue Entitlement Plan Amendment No. 98-6 to
the November 10, 1998 meeting.
A MOTION WAS MADE BY INGLEE, SECONDED BY KERINS, TO CONTINUE
ENTITLEMENT PLAN AMENDMENT NO.98-6 TO THE NOVEMBER 10, 1998
PLANNING COMMISSION MEETING, BY THE FOLLOWING VOTE:
AYES: Inglee, Livengood, Kerins
NOES: None
ABSENT: Chapman, Biddle, Speaker
ABSTAIN: Tillotson
MOTION PASSED
B-2a ENVIRONMENTAL IMPACT REPORT NO.97-1/GENERAL PLAN
AMENDMENT NO 97 1/ZONING MAP AMENDMENT NO.97-1 (Crest View
School Site/ Wal Mart continued from September 9,1998 Planning Commission
Meeting with the Public Hearing Closed):
APPLICANT: Greg McClelland, Arnel Retail Group
LOCATION: 18052 Lisa Lane (closed Crest View School/south of Talbert Avenue,
approximately 300 feet east of Beach Boulevard)
PROJECT
PLANNER: Jane Madera
The General Plan Land Use Map is proposed to be amended from Public (underlying Low
Density Residential) to General Commercial with a maximum Floor Area Ratio of 0.35 (CG-F1).
The Zoning Map Amendment is proposed to be amended from Public -Semipublic (PS) to
General Commercial (CG). Environmental Impact Report No. 97-1 was prepared pursuant to the
California Environmental Quality Act (CEQA) and analyzes the potential impacts associated
with the proposed General Plan and Zoning Map Amendments.
PC Minutes—10/27/98 2 (98PC2027)
On September 9, 1998, the project was continued to the October 27, 1998 Planning Commission
meeting at the applicant's request. As part of the Planning Commission's action to grant the
continuance, they requested that the project be scheduled for discussion at the October 13, 1998
Study Session. Prior to the study session, the applicant submitted a revised plan depicting a
relocation of the truck loading and unloading docks to the north side of the building and moving
the building 30 feet to the east. The revised site plan is analyzed and discussed in the
accompanying conditional use permit staff report.
STAFF RECOMMENDATION:
Staff recommends the Planning Commission approve the applicant's request to amend the
general plan and zoning designations for the following reasons:
• The 13.89 acre site is suitable for commercial (big box) retail development because of its
size, location along Talbert Avenue, and its close proximity to Beach Boulevard.
• The proposed commercial general plan and zoning designation to allow commercial (big
box) retail development is compatible and can be sensitively integrated with the surrounding
land uses with adequate buffers, site layout recommendations, FAR limits, and urban design
amenities.
• The proposed commercial general plan and zoning designation will increase the potential for
taxable sales and provide additional funds to the city to offset service costs.
• The proposed commercial general plan and zoning designation is consistent with goals and
policies of the general plan land use element, economic development element, and circulation
element.
• The proposed commercial general plan and zoning designation allows for commercial
development that can mitigate the potential impacts to the surrounding area to the greatest
extent possible, while still allowing for a market driven commercial project.
After lengthy discussions, the Planning Commission determined that commercial retail sales
were not an appropriate land use for the site and that they believed the site would better serve the
community as open space. Specifically, the Planning Commission found the request inconsistent
with General Plan Policy LU 13.1.6 which "Encourages surplus schools and other public
properties to be made available first for other public purposes, such as parks,...." The Planning
Commission also determined that the surrounding neighborhood is deficient in park area and that
"The complete loss of 9.0 acres of open space that can be converted to park uses does not meet
the City's policies and goals for parks and open space." In addition, the Planning Commission
stated that providing access to Lambert Park would not sufficiently mitigate the loss of open
space.
THE PUBLIC HEARING WAS CLOSED AND WAS NOT RE -OPENED.
PC Minutes— 10/27/98 3 (98PC1o27)
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KERINS, TO DENY
ENVIRONMENTAL IMPACT REPORT NO.97-1, GENERAL PLAN AMENDMENT NO.
97-1 AND ZONING MAP AMENDMENT NO.97-1 WITH FINDINGS FOR DENIAL, BY
THE FOLLOWING VOTE:
AYES:
Inglee, Tillotson, Livengood, Kerins
NOES:
None
ABSENT:
Chapman, Biddle, Speaker
ABSTAIN:
None
MOTION PASSED
FINDINGS FOR DENIAL - ENVIRONMENTAL IMPACT REPORT NO.97-1/
GENERAL PLAN AMENDMENT NO.97-1/ZONING MAP AMENDMENT NO.97-1:
1. The certification of Environmental Impact Report No. 97-1 and the granting of General Plan
Amendment No. 97-1 and Zoning Map Amendment No. 97-1 to amend the General Plan
Land Use designation from P(RL-7) to CG-F1 and the amend the zoning from PS to CG at
the Crest View School site will adversely affect the General Plan. The request is inconsistent
with the existing Land Use Element designation of P(RL-7), Public with underlying Low
Density Residential, on the subject property because it is inconsistent with the following
policy of the General Plan:
a. LU13.1.6 "Encourage surplus schools and other public properties to be made
available first for other public purposes, such as parks,..."
2. Certification of Environmental Impact Report No. 97-1 and adoption of General Plan
Amendment No. 97-1 and Zoning Map Amendment No. 97-1 is not in conformance with
public convenience, general welfare, and good zoning practice because:
a. The Huntington Beach Youth Sports Needs Assessment, dated October 1997, clearly
shows the area bounded by Beach Boulevard, Newland Street, Talbert Avenue and
Garfield Avenue is short 18 acres of park area. The complete loss of 9.0 acres of existing
open space that can be converted to park uses does not meet the City's policies and goals
for parks and open space.
b. Providing access to 5.5 acre Lambert Park from Newland Street is not adequate
mitigation for loss of open space. The park topography, surrounded by a private gated
community does not meet the needs of an open, accessible, neighborhood park.
PC Minutes — 10/27/98 4 (98PC1027)
B-2b CONDITIONAL USE PERMIT NO.97-70NARIANCE NO.98-18/SIGN CODE
EXCEPTION NO.98-7/TENTATIVE PARCEL MAP NO.97-161/DESIGN
REVIEW BOARD NO.97-8 (Crest View School Site/Wal Mart -continued from
September 9, 1998 Planning Commission Meeting with the Public Hearing Closed)
APPLICANT: Greg McClelland, Arnel Retail Group
LOCATION: 18052 Lisa Lane (closed Crest View School/south of Talbert Avenue,
approximately 300 feet east of Beach Boulevard)
PROJECT
PLANNER: Jane Madera
On September 9, 1998, the project was continued to the October 27, 1998 Planning Commission
meeting at the applicant's request. As part of the Planning Commission's action to grant the
continuance the project was scheduled for discussion at the October 13, 1998 Study Session. In
addition, the Planning Commission requested that Commissioners Kerins and Chapman meet
with staff and finalize a Major Issues Matrix for all outstanding issues associated with the
project. Many of the major issues identified on the matrix were discussed at the study session
and the matrix has been updated accordingly.
STAFF RECOMMENDATION:
The applicant submitted a revised site plan and relocated the truck loading docks to the north
side of the building adjacent to Talbert Avenue and moved the building 30 feet to the east. Staff
recommends approval of Conditional Use Permit No. 97-70, Variance No. 98-18, Tentative
Parcel Map No. 97-161, and Design Review Board No. 97-8 based on the following reasons:
• The proposed project is consistent with the zoning code requirements of General Commercial
with the exception of the variance for design of the main driveway entrance. The project
does comply with minimum requirements for parking, landscaping, setbacks, maximum floor
area ratio, maximum height, and design standards to minimize long, uninterrupted expanses
of building wall.
• Reciprocal parking and driveway access will be provided between the four subject parcels.
• An offer for future reciprocal parking and driveway access will be established across the
entire west property line to facilitate future integration with the Beach Boulevard frontage.
• The on -site truck circulation patterns are limited to the northerly portion of the site adjacent
to Talbert Avenue. With staff s recommendation, the loading dock area will be entirely
enclosed for noise mitigation and to improve the aesthetic appearance of the loading facility
from Talbert Avenue.
• A maximum 8 foot high wall will be provided on the east and south property lines. The
maximum 8 foot high wall eliminates the adverse visual and shading impact of a higher noise
wall.
• With staff s recommendation to relocate the building 30 feet west of the currently proposed
location, a substantial landscape buffer (65 feet wide) with an emergency vehicle access road
(25 feet wide) consisting of turfblock are provided between the rear of the building and the
adjacent residential property.
• With the site plan modifications suggested by staff to include pedestrian linkages between
uses on -site.
PC Minutes — 10/27/98 5 (98PC1027)
♦ With the modifications suggested by staff, the architectural elements of the proposed
buildina, the building projections and arcade details, the additional landscaping adjacent to
th4 building wall, and the colors and materials all combine to make the project aesthetically
attractive.
♦ A Public Art element will be provided within a publicly accessible area of the project.
• The ancillary retail/restaurant pad buildings will be integrated and architecturally compatible
with the center.
♦ The recommended project conditions of approval ensure that the proposed project site will be
devoted to retail sales tax generating uses when first developed and in the future.
♦ The potential environmental impacts of the project have been evaluated in EIR No. 97-1 and
although unavoidable adverse impacts remain in two categories (Air Quality and Land Use),
the majority of environmental impacts have been mitigated to a less than significant level.
• A Statement of Overriding Considerations has been prepared which states that the economic
benefits of the project outweigh the unavoidable adverse environmental impacts resulting
from a loss of open space and exceedence of air quality standards which combine to result in
a land use compatibility impact.
NO A CTION NECESSAR Y D UE TO DENIAL OF ENVIRONMENTAL IMPACT REPORT
No. 97--1, GENERAL PLANAMENDMENT N0. 97--1 AND ZONING MAP AMENDMENT
NO. 97-1.
B-3 GENERAL PLAN AMENDMENT NO.98-2/ZONING TEXT AMENDMENT NO.
98-2/ZONING MAP AMENDMENT 98-2/ ,OCAL COASTAL PLAN
AMENDMENT 98 1/ NEGATIVE DECLARATION NO. 98-1(PCH GENERAL
PLAN AMENDMENT):
APPLICANT: City of Huntington Beach
LOCATION: Three (3) half -blocks (29 lots total) which are each 0.88 acres (2.59 net
acres total) on the north side of Pacific Coast Highway, between 16`h
and 18a' Streets, and 22"d and Goldenwest Streets
PROJECT
PLANNER: Cindy Chau
Transmitted for Planning Commission Review is a request by the City of Huntington Beach for the
approval of a General Plan Amendment, Zoning Text Amendment, Zoning Map Amendment, and
Local Coastal Program Amendment for the re -designation of 29 lots consisting of 2.59 net acres
from Visitor Serving Commercial to Residential, High -Density, maximum 30 units per net acre.
The change in land use designation would allow one single family dwelling on each lot (29 units)
or a maximum number of 78 multi -family units, if the contiguous lots were consolidated.
However, no development is being proposed in conjunction with this application. The 29 lots are
currently owned by various property owners.
PC Minutes — 10/27/98 6 (98PC1027)
1
STAFF RECOMMENDATION:
Staff is recommending approval of the project as modified by the conditions of approval for the
following reasons:
• The proposed General Plan Amendment, Zoning Text Amendment, and Zoning Map
Amendment to re -designate 29 lots from Visitor Serving Commercial to Residential is
consistent with the northerly, easterly, and westerly areas which allow for single family or
multi -family units.
• Each of the 29 lots is consistent with the minimum parcel size requirements for the proposed
zoning.
• The loss of 2.59 net acres designated for Visitor Serving Commercial has been off -set by the
recent General Plan update which re -designated approximately 142 acres (between Golden
West and Seapoint and Palm Avenues) from oil production to mixed use, which would allow
commercial development along Pacific Coast Highway for an approximate length of 6,250
feet. Also, a General Plan Amendment in 1995 re -designated a 1.9 acre site between 6th and
8th Streets from Residential to Visitor Serving Commercial.
• The project area is better suited for a residential development rather than a commercial
development because of the project site's size and limited access.
THE PUBLIC HEARING WAS OPENED.
Elaine Mason, 120-88th Street, spoke in opposition to the request. Ms. Mason lives directly
behind the subject site at 18th Street and stated when she purchased the property she was told it
would be Visitor Serving Commercial. She is opposed to the request to change to High Density
Residential as it will allow buildings to build at three (3) stories, blocking their view of the ocean
and decreasing their property values.
JoAnne Kessell, 115- 171h Street, #A, spoke in opposition to the request for the blocks between
16th and 18th Streets stating concern that High Density Residential would create further parking
problems. Ms. Kessell would support Low Density Residential for the proposed site.
Dr. Veronika Smith and Larry Smith, 114-180' Street, spoke in opposition to the request for the
blocks between 16th and 18th Streets stating that when they purchased their home they were told
the site would remain commercial. Three (3) story residential buildings will block their view and
lower their property value.
Jim Martin, spoke in opposition to the request stating that the City should retain its commercial
property.
Jesse Ross, 116-18th Street, spoke in opposition to the request for the blocks between 16th and
18th Streets concerned with the three (3) stories that could be built and block his views.
John Mahood, 120-18`h Street, spoke in opposition to the request for the blocks between 16th and
18th Streets stating that when he purchased his home he was told the site would remain
commercial. Three (3) story residential buildings will block his view and lower their property
value.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
PC Minutes — 10/27/98 7 (98PC1027)
The Commission discussed separating the two (2) subarea's to allow further study to be done on
Subarea B (between 16a' and 18a' Streets). The Planning Commission wanted definitive planning
alternativcs to be presented at W study session for this area with maximum allowable height and
bulk of buildings to be included. This will allow the adjacent property owners to Subarea B to
realize what could be built on these lots with High Density Residential and Commercial.
A MOTION WAS MADE BY INGLEE, SECONDED BY KERINS, TO APPROVE
SUBAREA A (BETWEEN GOLDENWEST AND 22' STREETS) WITH FINDINGS, BY
THE FOLLOWING VOTE:
AYES:
Inglee, Tillotson, Livengood, Kerins
NOES:
None
ABSENT:
Chapman, Biddle, Speaker
ABSTAIN:
None
MOTION PASSED
FINDINGS FOR APPROVAL — FOR NEGATIVE DECLARATION NO.98-1
1. The Negative Declaration No. 98-1 has been prepared in compliance with Article 6 of the
California Environmental Quality Act (CEQA) Guidelines. It was advertised and available
for a public comment period of thirty (30) days. Comments received during the comment
period have been addressed
2. Mitigation measures, incorporated into the attached conditions of approval, avoid or
reduce the project's effects to a point where clearly no significant effect on the
environment will occur. Mitigation measures address potential impacts in the areas of:
water, transportation/circulation, hazards, noise, and public services.
3. There is no substantial evidence in light of the whole record before the Planning
Commission that the project, as mitigated through the mitigation measures will have a
significant effect on the environment.
FINDINGS FOR ZONING TEXT AMENDMENT 98-2/ZONING MAP AMENDMENT 98-2:
1. Zoning Text Amendment No. 98-2 and Zoning Map Amendment No. 98-2 to change the
zoning on one half -block totaling 0.81 net acres from Downtown Specific Plan District 1
(Visitor -Serving Commercial) to Downtown Specific Plan District 2 (Residential) is
consistent with the objectives, policies, general land uses and programs specified in the
General Plan and any applicable specific plan. The proposed changes are consistent with
General Plan Amendment No. 98-2 which is being processed concurrently. The land uses in
the surrounding area are consistent with the proposed change in zoning and at the time of
development, there will be appropriate infrastructure and services available to support
residential development.
2. In the case of a general land use provision, the zoning map amendment is compatible with
the uses authorized in, and the standards prescribed for, the zoning district for which it is
proposed. The changes proposed would be compatible with uses in the vicinity which are
residential and open space. _
PC Minutes — 10/27/98 8 (98PC1027)
F-�
3. A community need is demonstrated for the change -proposed. The changes would expand the
opportunities for housing and address the needs of a growing population.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice. The zoning text amendment and zoning map amendment will provide more
opportunities for residents to live in close proximity to services and amenities while being
consistent with the surrounding neighborhood.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. State -mandated school impact fees shall be paid prior to issuance of building permits.
2. All applicable Public Works fees shall be paid. (PW)
3. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate
of Occupancy. (PW)
4. General Plan Amendment No. 98-2, Zoning Text Amendment No. 98-2, Zoning Map
Amendment No. 98-2, and Local Coastal Program Amendment No. 98-1 shall not become
effective until the ten day appeal period has elapsed.
RECOMMENDED MITIGATION MEASURES:
1. The applicant is required to develop and implement a long-term post -construction Water
Quality Management Plan, describing the installation and maintenance of appropriate
structural facilities and conduct of routine non-structural Best Management Practices (BMPs)
consistent with Drainage Area Management Plan (DAMP) New Development Appendix G.
2. Prior to issuance of precise grading or building permits, whichever comes first, for each
development project, the applicant shall submit and obtain approval from Manager,
Subdivision, and Grading, of a Water Quality Management Plan (WQMP) specifically
identifying Best Management Practices (BMPs) that will be used on -site to control
predictable pollutant runoff. This WQMP shall identify shall identify, at a minimum, the
routine, structural and non-structural measures specified in the Countywide NPDES Drainage
Area Management Plan (DAMP) Appendix which details implementation of BMPs whenever
they are applicable to a project, the assignment of long-term maintenance responsibilities
(specifying the developer, parcel owner, maintenance association, lessee, etc.); and, shall
reference the location(s) of structural BMPs.
3. All parking shall either be located entirely on -site or shall comply with the parking and
access requirements of the Huntington Beach Zoning and Subdivision Ordinance Code and
Downtown Specific Plan, whichever is more restrictive.
4. Future construction shall be required to comply with the City of Huntington Beach Fire
Department specifications.
PC Minutes—10/27/98 9 (98PC1027)
5. Future residential development shall be required to include noise mitigation measures, such
as double pained windows, and insulation, to comply with the noise standards of the City of
Huntington Beach Municipal Code.
6. Any proposed development on the sites shall be required to comply with General Plan Policy
PF 4.2.2 and LU 2.1.7, requiring appropriate mitigation
A MOTION WAS MADE BY INGLEE, SECONDED BY KERINS, TO DEFER
SUBAREA B (BETWEEN 16' AND 18TH STREETS TO A DATE UNCERTAIN TO
FURTHER REVIEW, BY THE FOLLOWING VOTE:
AYES:
Inglee, Tillotson, Livengood, Kerins
NOES:
None
ABSENT:
Chapman, Biddle, Speaker
ABSTAIN:
None
MOTION PASSED
C. CONSENT CALENDAR
C-1 PLANNING COMMISSION MINUTES DATED SEPTEMBER 9,1998
C-2 PLANNING COMMISSION MINUTES DATED OCTOBER 13,1998
A MOTION WAS MADE BY KERINS, SECONDED BY INGLEE, TO APPROVE
PLANNING COMMISSION MINUTES DATED SEPTEMBER 9,1998 AND OCTOBER
13,1998, BY THE FOLLOWING VOTE:
AYES:
Inglee, Tillotson, Livengood, Kerins
NOES:
None
ABSENT:
Chapman, Biddle, Speaker
ABSTAIN:
None
MOTION PASSED
D. NON-PUBLIC HEARING ITEMS
None
E. PLANNING COMMISSION ITEMS
E-1 PLANNING COMMISSION COMMITTEE REPORTS
None
PC Minutes—10/27/98 10
(98PC 1027)
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E-2 PLANNING COMMISSION INOUIRIES/COMMENTS
Commissioner Tillotson — stated her concerns regarding the inconsistency of fence
additions throughout the City. She asked staff what process could be initiated to establish
a set of standards for the City. Commissioner Kerins echoed the concerns and suggested
the Urban Design Guidelines Committee as the place to start the process. Staff agreed
and stated they would present this to the Urban Design Guidelines Committee.
Commissioner Kerins — stated that no public sidewalk is provided from the hospital to
the bus stop area at the northeast corner of Beach and Talbert. He requested staff to
monitor this area for any options available to the City to add sidewalks. Dave Webb,
Public Works, stated that future construction in the area will require the construction of
public sidewalks. Mr. Webb stated that the city may be able to receive grants for this
type of work. Commissioner Kerins also cited the areas of Beach Boulevard, south of
Talbert Avenue and Talbert between Slater Avenue and the Library as areas in need of
sidewalks. Commissioner Kerins stated that the Trade Winds located on Pacific Coast
Highway is currently entangled between Code Enforcement and the prosecution process.
He asked staff is they could expedite the process. Staff stated they would investigate.
F. PLANNING ITEMS
F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Howard Zelefsky, Planning Director — stated there were no Planning Department items
at the last City Council meeting.
F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING
Mary Beth Broeren, Senior Planner — discussed items for the November 10, 1998
meeting.
G. ADJOURNMENT —Adjourn to the November 10,1998, Planning Commission
meeting.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY INGLEE, TO ADJOURN
TO A 6:00 PM STUDY SESSION ON NOVEMBER 10,1998, AND THEN TO
REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY
THE FOLLOWING VOTE:
AYES:
Inglee, Tillotson, Livengood, Kerins
NOES:
None
ABSENT:
Chapman, Biddle, Speaker
ABSTAIN:
None
MOTION PASSED
/kjl
APPROVED BY:
o and Zelefsk , cretary Pf sion Chairperson
PC Minutes — 10/27/98 11 (98PC1027)