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HomeMy WebLinkAbout1999-11-09MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, NOVEMBER 9,1999 STUDY SESSION — 5:00 PM (Room B-8) PLC 10-UNIT SFR (EDWARDS) PALM GOLDENWEST SPECIFIC PLAN BEACH/ATLANTA RESIDENTIAL PROJECT ISSUES LIST AGENDA REVIEW — Herb Fauland REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE Council Chambers - Civic Center 2000 Main Street Huntington Beach, California P P P P P P P ROLL CALL: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic 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 Chuck Scheid, spoke in regards to the property tax override acted upon at the August 16, 1999 City Council meeting. He does not support the City Council action. B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO.99-22/COASTAL DEVELOPMENT PERMIT NO.99-8 (APPEAL) (GALLAGHER'S OUTDOOR DINING): APPLICANT: Gallagher's Pub & Grill APPELLANT: Edward Kerins, Planning Commissioner LOCATION: 300 Pacific Coast Highway, #113 (east of the intersection of Main and Walnut) PROJECT PLANNER: Ricky Ramos Conditional Use Permit No. 99-22 and Coastal Development Permit No. 99-8 represent a request by Gallagher's Pub and Grill to establish an outdoor dining area with alcohol service on private property, to be surrounded by a six (6) feet high glass windscreen wall in lieu of maximum 42 inches high. On August 25, 1999, the Zoning Administrator approved the request with conditions, including a requirement to reduce the proposed glass windscreen wall to a height of 36 inches to be consistent with the recently adopted Outdoor Dining Ordinance and provide a pedestrian scale appropriate to the downtown area. During the ten-day appeal period, the City received a letter from Planning Commissioner Edward Kerins appealing the Zoning Administrator's decision. Commissioner Kerins' appeal is based on the following: The applicant presented a good case to the Design Review Board that the six (6) feet height was necessary due to the gusty wind conditions that frequently prevail at that location. The Design Review Board conditioned the six-foot enclosure to make it an aesthetically pleasing enclosure. The Zoning Administrator's primary reason for the 36-_inch limitation was for consistency with the new ordinance related to public property. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 99-22 and Coastal Development Permit No. 99-8 based on the following: • The 36-inch high outdoor dining enclosure is consistent with the draft Outdoor Dining Ordinance. • The 36-inch high outdoor dining enclosure is in greater conformance with the objective of a pedestrian environment in the downtown compared to the six feet high enclosure proposed by the applicant. PC Minutes—11/9/99 2 (99PCM1109) THE PUBLIC HEARING WAS OPENED. John Gallagher, 228 Elmira Avenue, applicant, stated that they were requesting a six (6) feet high barrier due to the gusty wind conditions that frequently prevail at that location. He stated that staff is using the new outdoor dining ordinance that applies to public property, while their request is located on private property. He also stated that the use across the street is on private property and has a wind barrier that is six (6) feet high. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ed Kerins, Planning Commissioner, stated that he appealed the request because the applicant presented a good case to the Design Review Board that the six (6) feet height was necessary due to the gusty wind conditions that frequently prevail at that location. He also stated that the Design Review Board conditioned the six-foot enclosure to make it an aesthetically pleasing enclosure and the Zoning Administrator's primary reason for the 36-inch limitation was for consistency with the new outdoor dining ordinance related to public property. The Commission discussed hours of operation for the proposed request and wording in the conditions of approval regarding weather conditions. A MOTION WAS MADE BY KERINS, SECONDED BY SPEAKER, TO APPROVE CONDITIONAL USE PERMIT NO.99-22 AND COASTAL DEVELOPMENT PERMIT NO.99-8 FOR OUTDOOR DINING WITH ALCOHOL SERVICE AND A SIX (6) FEET HIGH PATIO WINDSCREEN WALL WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle NOES: Livengood, Mandic ABSENT: None ABSTAIN: - None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECOND MY MANDIC TO AMEND THE MAIN MOTION TO LIMIT THE HOURS OF OPERATION TO 10:00 PM, BY THE FOLLOWING VOTE: AYES: Livengood, Mandic NOES: Laird, Kerins, Chapman, Speaker, Biddle ABSENT: None ABSTAIN: None MOTION FAILED MAIN MOTION CARIES AS MADE PC Minutes — 11/9/99 3 (99PCM1109) FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Planning Commission finds that the project will not have any significant effect. on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 of the CEQA Guidelines, because it represents a minor alteration of an existing structure involving negligible expansion of use beyond that existing. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-22: 1. Conditional Use Permit No. 99-22 for the establishment, maintenance and operation of the t outdoor dining with alcohol service and a six (6) feet high glass enclosure on private property in conjunction with an existing restaurant will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. The adjoining sidewalk's public use, pedestrian, transit and business services are not restricted. Building entryways are not obstructed and handicapped accessibility is provided where required. Pedestrian traffic volumes are not inhibited. A ten (10) foot clear passage area will be maintained free of obstruction. 2. The proposed conditional use permit will be consistent with surrounding uses. The existing restaurant is located in a mixed used district that includes other restaurant uses that provide outdoor dining. The six (6) feet high glass windscreen is designed to be aesthetically pleasing. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in the Titles 20-25 of the Huntington Beach Zoning'and Subdivision Ordinance, the Downtown Specific Plan, and any specific condition required for the proposed use in the district in which it would be located. The use does not require any additional parking as the total outdoor dining conforms with the thresholds established in the Downtown Specific Plan. 4. The granting of Conditional Use Permit No. 99-22 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor dining use with alcohol service on private property is consistent with the mixed use land use designation for the property. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-8: 1. The request to permit outdoor dining with alcohol service and a six (6) feet glass wall in conjunction with an existing restaurant on private property conforms to the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed outdoor dining will not impact public views or access to coastal amenities. The use complies with the ten (10) foot clear passage provision as required by the Downtown Specific Plan. 7 LJ n PC Minutes—11/9/99 4 (99PCM1109) I 2. Coastal Development Permit No. 99=8 is consistent with the CZ suffix zoning requirements and the Downtown Specific Plan, as well as other provisions of the Huntington Beach Local Coastal Program applicable to the property. The outdoor dining on private property will conform with all applicable City codes. The use will maintain a ten (10) foot clear passage area and will not exceed the maximum 400 square foot area limit for the table and seats. 3. At the time of occupancy, the outdoor dining on private property will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exist to the site. 4. The outdoor dining on private property conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities to coastal amenities will be affected by the outdoor dining. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-22/COASTAL DEVELOPMENT PERMIT NO.99-8: 1. The site plan and elevation received and dated May 4, 1999 (Exhibit A) shall be the conceptually approved layout with the following modification: a. The elevations shall specify a minimum separation of four (4) inches between the existing palm tree at the easterly portion of the enclosure and the proposed six (6) feet high enclosure. b. An etched design on the glass windscreen wall shall be added. (DRB) 2. The outdoor dining use shall comply with the following: a. A minimum ten (10) foot clear passage area free of obstruction shall be maintained at all times for pedestrian access. b. Hours of operation for the outdoor dining area shall be consistent with those of the restaurant. c. All features of the outdoor dining (e.g., tables, chairs, windscreen) shall be maintained in a neat and clean manner. d. All features of the outdoor dining shall be compatible with the exterior color scheme of the building. e. The outdoor dining shall be operated in conjunction with the restaurant located at 300 Pacific Coast Highway, Suite 113. PC Minutes—11/9/99 5 (99PCM1109) f. Tables and chairs shall not block occupancy exits. (FD) g. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code (HBFC) Standards. (FD) h. Exit signs and exit path markings shall be provided in compliance with the HBFC and the California Administrative Code, Title 24. (FD) i. No live entertainment shall be permitted within the outdoor dining area. j. No signage shall be permitted on the outdoor dining enclosure. k. There shall be no sales to motorists or persons in vehicles. 1. The emergency access gate located at the easterly comer of the outdoor dining area shall be for emergency access only. No entrance to the establishment shall be permitted through this access. m. The awning shall only be extended during times of precipitation. 3. Prior to occupancy of the outdoor dining area, the applicant shall submit a copy of the revised site plan and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. 4. The Planning Director shall be notified in writing if any changes to the outdoor dining features, including number of tables and total area, are proposed. No changes shall be made until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REOUIREMENTS: Conditional Use Permit No. 99-22 and Coastal Development Permit No. 99-8 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone, there is an additional ten working day appeal period ,that commences when the California Coastal Commission receives the City's notification of final action. 2. Conditional Use Permit No. 99-22 and Coastal Development Permit No. 99-8 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. I PC Minutes—11/9/99 6 (99PCM1109) 1 3. The Planning Commission reserves the -right to revoke Conditional Use Permit No. 99-22 and Coastal Development Permit No. 99-8, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. All signs shall conform to the HBZSO, Downtown Design Guidelines and Local Coastal Program. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. B-2 CONDITIONAL USE PERMIT NO.99-38 (DENNY'S PLACE): APPLICANT: Bighan Melek-Shalom LOCATION: 7402 Edinger (east of Gothard Street) PROJECT PLANNER: Ricky Ramos Conditional Use Permit No. 99-38 represents a request by Bighan Melek-Shalom to permit live entertainment and dancing in conjunction with an existing restaurant. The proposed amplified live entertainment will be conducted inside the restaurant and will include live bands, disc jockeys, karaoke, and dancing. The proposal includes converting 168 square feet (12 feet by 14 feet) of existing restaurant space into a dance floor for patrons. The subject site is surrounded by commercial and industrial uses and the request is compatible with the character of the area. The nearest residential use is over 500 feet away and should not be impacted by the proposed use. The proposed live entertainment and dancing will occur within the restaurant and should not generate a significant noise impact. Adequate parking per code will be provided prior to commencement of any dancing. Based on these points, the recommended conditions of approval, and the conditions of the Entertainment Permit, the use will be compatible with the area and should not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. PC Minutes—11/9/99 (99PCM1109) STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 99-38 based on the following: • It is consistent with the General Plan Land Use Element designation of Commercial Regional on the subject site as well as its goals, policies, and objectives. • It will be in compliance with the requirements of the Huntington Beach Zoning and Subdivision Ordinance, including parking requirements. • The subject site is surrounded by commercial and industrial uses and is over 500 feet away from the nearest residential use. ' • • The proposed live entertainment and dancing will take place within the restaurant and should not generate a significant noise impact. • The request will comply with all the requirements imposed on the Entertainment Permit. THE PUBLIC HEARING WAS OPENED. Ginny Mueller, 7402 Edinger Avenue, applicant, stated that she concurred with staff s report and recommendation and was available to answer questions. Janette Ditkowsky, 2032 La Colina Drive, Santa Ana, property owner, spoke in support of the proposed request stating it will enhance the existing business. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. - A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.99-38 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 of the CEQA Guidelines, because the request is a minor alteration of existing facilities which involves negligible or no expansion of use beyond that existing. 0 PC Minutes — 11 /9/99 8 (99PCM1109) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-38: 1. Conditional Use Permit No. 99-38 for the establishment, maintenance and operation of live entertainment with a 168 square foot dance floor in conjunction with an existing restaurant will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The subject site is surrounded by commercial and industrial uses and the request is an extension of the commercial character of the area. Any noise associated with the live entertainment will be contained within the building. Based upon the conditions imposed when live entertainment is occurring, including the requirement for a security guard to be present, keeping all rear doors and windows closed, and for the entertainment not to be audible beyond 50 feet of the building, the use should not be detrimental to the area. 2. The conditional use permit will be compatible with surrounding uses because other commercial and industrial uses surround the project site. The nearest residential use is over 500 feet away. The use will take place inside the restaurant and should not generate a significant noise impact. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. The request is allowed subject to the approval of a Conditional Use Permit. Adequate parking will be provided prior to any dancing being allowed. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CR (Commercial Regional) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Achieve the development of a range of commercial uses. (Goal LU 10) b. Provide for the continuation of existing and development of a diversity of retail and service commercial uses that are oriented to the needs of the local residents, serve the surrounding region, serve visitors of the City, and capitalize on Huntington Beach's recreational resources. (Goal LU 10.1) c. Require that entertainment, drinking establishments, and other similar uses provide adequate physical and safety measures to prevent negative impacts on adjacent properties. (Goal LU 10.1.8) Approval of the request will allow the applicant to provide a service to meet the entertainment needs of local residents and the general public. The use is surrounded by other commercial and industrial uses and is located over 500 feet away from the nearest residential use and will be compatible with the area. The Entertainment Permit includes a condition to provide security during any live entertainment to minimize negative impacts on adjacent properties. PC Minutes — 11/9/99 9 (99PCM1109) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-38: 1. The site plan and floor plan received and dated September 21, 1999 shall be the conceptually approved layout with the following modifications: a. The tandem employee parking spaces shown shall not be allowed. b. Additional parking shall be provided for the dance floor. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) 2. Prior to commencement of live entertainment and patron dancing activity, the following shall be completed: a. A copy of an approved Entertainment Permit, as issued by the Business License Department, shall be submitted to the Planning Department. b. Prior to commencement of patron dancing activity, the applicant shall submit an updated site plan indicating the provision of at least one (1) additional parking space (minimum 72 parking spaces on site) for review and approval of the Planning Department. The additional parking space(s) shall be striped prior to commencement of any patron dancing activity. 3. The use shall comply with the following: a. All conditions of the Entertainment Permit, including the hours of live entertainment, as approved by the Police Department. b. No loudspeakers shall be permitted outside the restaurant including the outdoor dining area. c. New occupant load shall be determined by the Building Department and posted in a conspicuous location near the main entry. (FD) d. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) !e. Address numbers shall be installed to comply with City Specification No. 428. The numbers will be sized a minimum of six (6) inches with a brush stroke of one and one- half (1-1/2) inches. (FD) f. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) 1 C, PC Minutes—11/9/99 10 (99PCM1109) 0 4. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: Conditional Use Permit No. 99-38 shall not become effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 99-38 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 99-38, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. In addition, the Police Department may request a revocation hearing based upon the number of calls for service received. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 6. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. PC Minutes—11/9/99 11 (99PCM1109) B-3 SEACLIFF PROMENADE CONCEPTUAL MASTER PLAN/ZONING MAP AMENDMENT NO.98-3/LOCAL COASTAL PROGRAM AMENDMENT NO.98- 3/SPECIFIC PLAN NO.98-1/ENVIRONMENTAL ASSESSMENT NO.98-8 (PALM AND GOLDENWEST): APPLICANT: City of Huntington Beach/PLC Land Company LOCATION: The site is bounded by Palm Avenue to the north, Pacific Coast Highway to the south, Seapoint Street to the west, with approximately four acres beyond Seapoint Street and Goldenwest Street to the east. PROJECT PLANNER: Bob Goldin Seacliff Promenade Conceptual Master Plan represents a request by the City of Huntington Beach to master plan a 150-acre site. Local Coastal Program Amendment No. 98-3, Zoning Map Amendment No. 98-3 and Specific Plan No. 98-1 represent a request by the City of Huntington Beach and PLC Land Company to modify the existing Land Use Plan for the property to Mixed Use -Horizontal Integration of Housing and change the zoning to Palm/Goldenwest Specific Plan (SP 12). The 150-acre site consists of the 54-acre property owned by PLC Land Company and the 96-acre property owned by Area Energy LLC. The Seacliff Promenade Conceptual Master Plan and Palm/Goldenwest Specific Plan establish land uses, development standards, design guidelines and procedures to regulate both properties. The PLC property would be allowed a maximum of 315 residential units and have a public park. The Aera property would be allowed to continue its current oil production activities and develop in the future with visitor serving and open space/civic uses. PLC Land Company requests that the Aera property not be included in the Specific Plan. Aera Energy LLC also requests that its property not be in the Specific Plan and requests that the Conceptual Master Plan include a provision for 300 residential units on the Aera property. 1 PC Minutes—11/9/99 12 (99PCM1109) STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve the requested entitlements as recommended by staff and forward them to the City Council for approval for the following reasons: ♦ With the recommended mitigation measures, the project will not be detrimental to the general health, welfare and safety to persons working or living in the area and will not be detrimental to the value of property or improvements in the area. ♦ The proposed projects are consistent with the goals and polices of the Land Use Element of the General Plan that require the preparation of an integrated Conceptual Master Plan for the entire 150 acre Subarea 4B site and allows for concurrent processing of a Specific Plan. ♦ Both the Conceptual Master Plan and Specific Plan will allow development that is compatible with and sensitive to the existing land uses in the area. ♦ The proposed projects promote the goals and objectives of the Economic Development Element of the General Plan by reserving area for visitor serving uses that will enhance the long-term economic viability of the City. ♦ The proposed projects promote the City's Local Coastal Program goals and objectives by allowing a mix of uses, with residential uses on the inland side and visitor serving uses, including open space and recreational opportunities on the ocean side of the site. ♦ The Conceptual Master Plan and Specific Plan will establish design and architectural standards and guidelines for both residential and commercial uses, consistent with the intent of the Urban Design Element of the General Plan and the pending Urban Design Guidelines, for the City. ♦ The Conceptual Master Plan and Specific Plan development procedures, regulations, standards and specifications are generally consistent with the relevant provisions of the City's Zoning and Subdivision Ordinance. THE PUBLIC HEARING WAS OPENED. Bill Holman, 23 Corporate Plaza Drive, applicant, gave a brief history of the request and asked that the Planning Commission take straw votes on their request for changes and clarifications outlined in his letter submitted dated November 8, 1999. Lou Mannoni, 19821 Ocean Bluff, FANS, spoke in support of the request suggested, however, that a disclosure be given the future property owners in Site 25 regarding impacts from noise, fumes and potential dangers of the site. Bruce Powers, 7452 Talbert Avenue, FANS, spoke in support of the request with the exception of included the Aera property in the Specific Plan. He stated that it will cause undue delays in the proposed request. J.D. Miles, 19415 Castlewood, FANS, spoke in support of the request stated that it would blend with adjacent residents. He stated that the design was good for the city and the neighborhood. Suzanne Beukema, FANS, spoke in support of the request stating that PLC was a great partner to the community. PC Minutes — 11/9/99 13 (99PCM1109) Jim Larkin, FANS, spoke in support of the request stating it will be a fine addition to the city and will enhance the neighborhood. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Straw votes were taken by the Planning Commission on the letter received from Bill Holman dated November 8, 1999 and straw votes were taken on staff s alternative action recommendations. The Commission's straw vote favored Alternative Action `B" with four (4) ayes, Commissioner's Kerins, Chapman and Biddle voting no. Alternative Action `B" supports PLC's request to modify the Local Coastal Program Amendment No. 98-3, Zoning Map Amendment No. 98-3 and Specific Plan 98-1 to exclude the Area parcel with findings and approve Negative Declaration No. 98-8 and the Seacliff Promenade Conceptual Master Plan as recommended by staff and forward to the City Council for adoption. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY LAIRD, TO APPROVE NEGATIVE DECLARATION NO.98-8 WITH FINDINGS AND MITIGATION MEASURES, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY MANDIC, TO APPROVE SEACLIFF PROMENADE CONCEPTUAL MASTER PLAN, TO INCLUDE THE AREA PROPERTY WITH A MAXIMUM OF 300 RESIDENTIAL UNITS AND LIMIT OTHER RESIDENTIAL PROPERTIES TO 50 FEET IN HEIGHT AND FORWARD RESOLUTION TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Laird, Livengood, Mandic NOES: Kerins, Chapman, Speaker, Biddle ABSENT: _. None ABSTAIN: None MOTION FAILED PC Minutes—11/9/99 14 (99PCM1109) A MOTION WAS MADE BY SPEAKER, SECONDED BY LIVENGOOD, TO APPROVE SEACLIFF PROMENADE CONCEPTUAL MASTER PLAN, WITH A HEIGHT LIMIT OF 50 FEET HIGH AND FORWARD RESOLUTION TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Laird, Chapman, Speaker, Biddle, Livengood NOES: Kerins, Mandic ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE TO AMEND THE MINIMUM SETBACK REQUIREment FOR RESIDENTIAL UNITS TO 50 FEET, BY THE FOLLOWING VOTE: AYES: Kerins, Biddle, Livengood, Mandic NOES: Laird, Chapman, Speaker ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO APPROVE LOCAL COASTAL PROGRAM AMENDMENT NO.98-3 WITH FINDINGS AND FORWARD RESOLUTION TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER TO APPROVE SPECIFIC PLAN NO.98-1 AND ZONING MAP AMENDMENT NO.98-3, TO INCLUDE ONLY PLC PARCELS WITH FINDINGS AND MODIFICATIONS AND FORWARD RESOLUTION AND ORDINANCE TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Laird, Chapman, Speaker, Biddle, Livengood, Mandic NOES: Kerins ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes—11/9/99 15 (99PCM1109) FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO.98-8: 1. The Negative Declaration No. 98-8 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 were considered by the Planning Commission prior to action on the Negative Declaration and Zoning Map Amendment No. 98-3, Local Coastal Program Amendment No. 98-3, the Seacliff Promenade Conceptual Master Plan and Specific Plan No. 98-1. 2. Mitigation measures incorporated in the environmental assessment avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. The recommended mitigation measures include provisions to mitigate the short-term environmental impacts associated with grading, remediation and construction -related activities on the 150 acre site. The mitigation measures also address the potential long-term environmental impacts associated with existing and proposed land uses, traffic, noise, air quality and public services and facilities. The mitigation measures reduce the potential environmental impacts of the projects to a level of insignificance. 3. There is no substantial evidence in light of the whole record before the Planning Commission that the project, as mitigated, will have a significant effect on the environment. Updated traffic, air quality and noise studies were prepared to assess the proposed project to determine whether the project falls within the scope of the analysis of the adopted Program Environmental Impact Report (PEIR) prepared for the City's 1996 General Plan. After analyzing the potential impacts associated with the project, it has been determined that the project, with the recommended mitigation•measures, is within the scope of the PEIR and reduces the potential environmental impacts of the projects to a level of insignificance. FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO.98-3 AND SPECIFIC PLAN NO.98-1: 1. Zoning Map Amendment No. 98-3 amending District Map Nos. 3Z, 4Z and 1 OZ, and changing the zoning designations on the 150 acre site from High Density Residential with an Oil and Coastal Overlay (RH-O-C), General Commercial with an Oil and Coastal Overlay (CG-O-CZ), General Industrial with an Oil and Coastal Overlay (IG-O-CZ), and General Industrial with an Oil Production and Coastal Overlay (IG-OI-CZ) to SP-12 (Palm/Goldenwest Specific Plan) and Specific Plan No. 98-1 are consistent with the ._objectives, policies, general land uses and programs specified in the General Plan because it allows for a specific plan designation on the site. The changes proposed would be compatible with uses in the vicinity, which are residential, recreation and open space. 2. In the case of general land use provisions, the zoning map amendment and proposed specific plan are 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, open space and recreation. PC Minutes—11/9/99 16 (99PCM1109) 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 and provide for future visitor serving uses consistent with the City's General Plan and Local Coastal Program. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The Specific Plan provides for compatible land uses, public parks to serve the existing community and adequate infrastructure to serve the development. FINDINGS FOR APPROVAL — LOCAL COASTAL PROGRAM AMENDMENT NO.98-3: 1. The Local Coastal Program amendment to the Huntington Beach Local Coastal Program to change the Land Use Plan designations from Medium High Residential and Resource Production with a Visitor Serving Overlay to Mixed Use -Horizontal Integration of Housing with a specific plan overlay, is consistent with the 1996 General Plan designations in that they provide for visitor serving uses, including open space and recreational uses, as well as, residential uses. 2. The proposed change to the Local Coastal Program is in accordance with the policies, standards and provisions of the California Coastal Act that encourage visitor serving uses. _ The Local Coastal Program Amendment promotes the City's Local Coastal Program goals and objectives by allowing a mix of uses, with residential uses on the inland side and visitor serving uses, including open space and recreational opportunities on the ocean side of the site. The proposed land uses will provide for future visitor serving opportunities on the Aera parcel once the oil production activities have ceased. 3. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The Conceptual Master Plan and Specific Plan design guidelines encourage focal points and pedestrian areas with the emphasis on ocean oriented views. The Conceptual Master Plan and Specific Plan provides open space and recreational opportunities on the ocean side of the site and a public park site on the inland side of the site. Esplanades and greenbelts provide opportunities for public access through and between the site. No existing coastal access will be impacted. C. CONSENT CALENDAR PC Minutes—11/9/99 17 (99PCM1109) C-1 PLANNING COMMISSION MINUTES DATED OCTOBER 12,1999 A MOTION WAS MADE BY LIVENGOOD, SECONDED BY CHAPMAN, TO APPROVE PLANNING COMMISSION MINUTES DATED OCTOBER 12,19999 BY 1 �: 1 QLiTWiYAJ ►1V1L � AYES: Laird, Kerins, Chapman, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: Speaker MOTION PASSED D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS E-1 _ STAFF REPORT PROCESSING (Continued from the October 26,1999 meeting) — Commissioner Livengood Discussed in Study Session, Commissioner Livengood to work with Scott Hess, Principal Planner. E-2 PLANNING COMMISSION COMMITTEE REPORTS Commissioner Laird — stated that he attended the Beach Boulevard Strategy Workshop. He stated that it was an excellent meeting with Daniel Iacofano as the facilitator. E-3 PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Kerins — stated concern that the Planning Commission is not being consistent when dealing with street scenes in new developments. Commissioner Chapman — asked staff what the process, checks and time line is for an approved project that violates conditions of approval. Staff stated that it is the project planners responsibility to monitor the conditions of approval. If violations are noted then the Code Enforcement Officers are notified, and they will follow the administrative review process. If the violations are found to be valid the staff will then forward to Planning Commission. If a request for revocation is recommended, the process will take approximately 45-60 days. 1 PC Minutes—11/9/99 18 (99PCM1109) Commissioner Biddle — asked staff to review the lack of pedestrian links (i.e., sidewalks) along Beach Boulevard from Indianapolis Avenue to Pacific Coast Highway and report back. Commissioner Livengood —requested that staff review and respond to the letter received from Herbert White dated November 2, 1999 regarding the project at Beach Boulevard and Atlanta Avenue. Commissioner Mandic — stated that she had scheduled a tour of the Northam House with PLC for November 15, 1999 at 4:00 PM. Commissioner Mandic requested that staff forward to the Commission a copy of the Police Department's action log for Downtown businesses serving alcohol. Commissioner Mandic requested that staff report back on complaints she has received regarding the processing of a proposed industrial project located at Gothard and Clay. F. PLANNING ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Principal Planner — restated actions taken at the previous City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland. Senior — reviewed items for the November 23, 1999 Planning Commission meeting. G. ADJOURNMENT — Adjourn to the November 23, 1999 meeting. A MOTION WAS MADE BY ]KERINS, SECONDED BY BIDDLE, TO ADJOURN TO A 5:00 PM STUDY SESSION ON NOVEMBER 23,1999, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl APPR VED BY: and Zelef cwllSecreta lann ng Commis 'on(Chairperson PC Minutes — 11/9/99 19 (99PCM1109)