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HomeMy WebLinkAbout2000-07-25MINUTES 1 HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JULY 25, 2000 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:15 PM (Room B-8) CONFLICT OF INTEREST AND CODE OF ETHICS — Commissioner Chapman DESIGN GUIDELINES —Amy Wolfe AGENDA REVIEW — Herb Fauland PUBLIC COMMENTS — None REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P A ROLL CALL: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker AGENDA APPROVAL Anyone wishing to speak must fill out and submit a form to speak. No action can betaken by the Planning Commission on this date, unless the item is agendiaed. 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 Moktar S. Saleh, 1504 Pacific Coast Highway, spoke regarding to the informational report submitted by staff regarding compliance with the Infill Guidelines for the new house at 1506 Pacific Coast Highway. The Planning Department determined that the property owner of the new residence has complied with the requirements of the Residential Infill Lot Development Guidelines. However, Mr. Saleh feels the Planning Department has disregarded the Infill Guidelines in making its determination. Chris Fowler, 111 15t' Street, stated that he had not received any notification from the city in regards to the construction of the residence at 1506 Pacific Coast Highway. B. PUBLIC HEARING ITEMS B-1 CITY-WIDE URBAN DESIGN GUIDELINES (CONTINUED FROM THE DUNE 27, 2000 MEETING WITH PUBLIC HEARING OPEN): APPLICANT: City of Huntington Beach, Department of Planning. LOCATION: Citywide PROJECT PLANNER: Amy Wolfe The Urban Design Guidelines document is intended to: - Establish design guidelines for single family and multiple family residential, commercial, and industrial uses; - Update the Downtown Design Guidelines; - Establish special consideration commercial guidelines for offices, vehicle dealerships, service stations and car washes, auto repair service, hotel and motels, drive through and drive-in businesses, big -box retail, and mixed use projects; - Provide signage guidelines; - Streetscape guidelines; - Public Art guidelines; and - District Specific Guidelines ♦ On June 27, 2000 the Planning Commission took straw votes on Chapters 8-11 of the draft Urban Design Guidelines (Signs, Streetscape Guidelines, Public Art Guidelines and District - Specific Guidelines). The public hearing was continued open to the meeting of July 25, 2000. The Planning Commission is expected to take final action on the entire draft document, as amended. Stab's Recommendation: Approve the revised Draft Urban Design Guidelines manual because the design guidelines will: - Implement goals, objectives and policies of the General Plan for the orderly development of the City; - Enhance the City's unique identity and character and contribute to a positive City image; - Stimulate investment and strengthen the economic vitality of the City; - Contribute to a positive physical image and identity of the City; - Maintain and protect the value of property; - Maintain a high quality of life by encouraging initiative or innovation in design. THE PUBLIC HEARING WAS OPENED. George Berger, 4665 MacArthur Ct., #200, Newport Beach, representing Lowe's, identified the sections that may negatively affect the proposed Lowe's project, either because the guideline will be difficult for large retailers to implement or because the Lowe's site plan is in conflict with the particular guideline. However, he stressed that the specific manner in which the city chooses to implement these Guidelines is the most important factor in whether they can be viewed as acceptable. PC Minutes — 8/8/00 2 (OOPCM725) Dick Harlow, 211-B Main Street, stated that the guidelines were written for mid size multi use projects and conflicts occur with smaller projects. He requested a preamble be placed in the document stating that the Guidelines are flexible. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Straw votes were taken to finalize the Design Guidelines. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY CHAPMAN, TO APPROVE THE DRAFT URBAN DESIGN GUIDELINES MANUAL, DATED JULY 12, 2000, BY ADOPTING RESOLUTION NO. 1555 AS AMENDMENT AND FORWARD TO THE CITY COUNCIL FOR FINAL APPROVAL AND ADOPTION, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood NOES: None ABSENT: Speaker ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY BIDDLE, SECONDED BY SHOMAKER, TO AMEND THE MOTION TO INCLUDE A ONE YEAR REVIEW OF THE GUIDELINES AND OUTLINE THE IMPACTS OF THE GUIDELINES TO EXISTING PROJECTS IN THE STAFF REPORT TO CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood NOES: None ABSENT: Speaker ABSTAIN: None MOTION PASSED B-2 CONDITIONAL USE PERMIT NO.99-10 (SIX MONTH REVIEW) /ENTITLEMENT PLAN AMENDMENT NO.00-07 (LIQUID DENT: APPLICANT: Niko Black & Arash Sardarizadeh LOCATION: 5061 Warner Avenue, #A (north side of Warner Avenue, east of Bolsa Chica Street) PROJECT PLANNER: Ron Santos • Six-month review of previously approved Conditional Use Permit for live entertainment: - Review for compliance with adopted conditions of approval. - Review of Code Enforcement action. - Review of Police Department calls for service. PC Minutes — 3(OOPCM725) • Request to amend Condition of Approval No. 5 of Conditional Use Permit No. 99-10 to allow additional time (one year) to pave on -site parking areas. - Applicant asserts that condition presents a financial burden at this time. - Overflow parking may be accommodated on the adjacent site by recorded reciprocal parking agreement. Staffs Recommendation: - Receive and file as adequate the six-month review of Conditional Use Permit No. 99-10. - Approve Entitlement Plan Amendment No. 00-07 with the following modifications: - Require pavement of parking area within six months in lieu of the one-year extension requested. THE PUBLIC HEARING WAS OPENED. Niko Black, 5061 Warner Avenue, owner, stated that they are requesting additional time (one year) to pave on -site parking areas. He stated that they are unable to pay for the improvements at this time, and that additional time is needed to generate the necessary funds. They were delayed from exercising their conditional use permit for several months, due to conditions of approval requiring the drafting and approval of a reciprocal access agreement and installation of reciprocal driveway improvements. She also stated that this delay resulted in a loss of revenue, which in turn has hampered the ability to pay for the required paving. THERE WERE NO OTHER+PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed parking and dancing requirements. A MOTION WAS MADE BY MANDIC, SECONDED BY KERINS, TO RECEIVE AND FILE AS ADEQUATE THE SIX-MONTH REVIEW OF CONDITIONAL USE PERMIT NO.99-10 AND APPROVE ENTITLEMENT PLAN AMENDMENT NO.00-07 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood NOES: None ABSENT: Speaker ABSTAIN: None MOTION PASSED FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Planning Commission finds that this six-month review and proposed Entitlement Plan Amendment will not have any significant effect on the environment and are exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15321 of the CEQA Guidelines, which states that actions by regulatory agencies to enforce or revoke an entitlement, law, general rule, standard or objective, adopted by the regulatory agency, are Categorically Exempt. PC Minutes — 8/8/00 4 (OOPCM725) FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.00-07: 1. Entitlement Plan Amendment No. 00-07 to amend a previous condition of approval and allow an additional eight months time to pave on -site parking areas, 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 provision of additional parking spaces on the adjacent office property will ensure the availability of adequate parking to serve the existing use on a short-term basis. The amendment will also help to promote the value of property by allowing the applicant additional time to generate the funds necessary to pay for required improvements. 2. Entitlement Plan Amendment No. 00-07 to amend a previous condition of approval and allow an additional eight months time to pave on -site parking areas will be compatible with surrounding uses because the availability of adequate off -site parking and the required posting of parking lot directional signs will ensure impacts on adjoining properties are minimized. 3. The granting of Entitlement Plan Amendment No. 00-07 will not adversely affect the General Plan. Allowing an additional eight months to pave on -site parking areas is consistent with the Land Use Element designation of CG (Commercial General) on the subject property and the following goals and policies of the General Plan: a) Land Use Objective 1.1: Provide for the timing of residential, commercial, and industrial development coincident with the availability of adequate market demand to ensure economic vitality. b) Economic Development Policy 2.4.1: Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.99-10 (AMENDED): 1. The site plan, floor plans and elevations received and dated March 22, 1999 shall be revised to reflect reciprocal vehicular access between the subject property and the property to the east. Such reciprocal access shall be a minimum 24 feet in width and located within 100 feet of the Warner Avenue right-of-way line and be adequately posted with directional signs indicating additional customer parking. 2. The use shall comply with all conditions of the Entertainment Permit. (PD) 3. Prior to commencement of the live entertainment the following shall be completed: a. The subject property shall enter into irrevocable reciprocal driveway and parking easement between the subject site and the property to the east. A copy of the legal instrument shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Planning Department. PC Minutes — 5(OOPCM725) b. The reciprocal accessway shall be improved on the site. 4. Permanent parking lot directional signs, as approved by the Planning Department, shall be installed by August 25, 2000. 5. A review of the use shall be conducted by staff within six (6) months of the approval of EPA No. 00-07 to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. All surrounding property owners shall be notified. A written communication of staffs review will be transmitted to the Planning Commission on February 13, 2001. At that time the Planning Commission may schedule a public hearing to consider modifications to the conditions of approval or revocation of the conditional use permit. 6. The parking area at the rear of the drinking establishment shall be paved, the front lot resurfaced, and both lots striped (23 spaces) to comply with the Huntington Beach Zoning and Subdivision Ordinance by March 25, 2001. 7. 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 as a result of the plan check process. 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 REOUIREMENTS: 1. Entitlement Plan Amendment No. 00-07 shall not become effective until the ten -calendar day appeal period has elapsed. 2. The Planning Commission reserves the right to revoke Entitlement Plan Amendment No. 00-07, pursuant to a public hearing for revocation, if any violation of these conditions, the Conditions of Conditional Use Permit No. 99-10, the Huntington Beach Zoning and Subdivision Ordinance or the Municipal Code occurs. 3. The applicant shall submit a check in the amount of $43.00 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. 4. 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. 1 PC Minutes — 8/8/00 6 (OOPCM725) C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JUNE 13, 2000 A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE, TO APPROVE PLANNING COMMISSION MINUTES DATED JUNE 13, 2000, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood NOES: None ABSENT: Speaker ABSTAIN: None MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED JUNE 20, 2000 A MOTION WAS MADE BY BIDDLE, SECONDED BY SHOMAKER, TO APPROVE PLANNING COMMISSION MINUTES DATED JUNE 20, 2000, BY THE FOLLOWING VOTE: AYES: Shomaker, Mandic, Chapman, Biddle, Livengood NOES: None ABSENT: Speaker ABSTAIN: Kerins MOTION PASSED D-1 INFORMATIONAL REPORT — INFILL COMPLIANCE AT 1506 PACIFIC COAST HIGHWAY (Adjacent to Saleh residence at 15604 Pacific Coast Highwa) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY CHAPMAN, TO ADD PLANNING COMMISSION REVIEW OF INFILL ORDINANCE TO ZONING TEXT AMENDMENT LIST, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes — 7(OOPCM725) E. E-1 E-2 F. F-1 F-2 PLANNING COMMISSION ITEMS PLANNING COMMISSION COMMITTEE REPORTS None PLANNING COMMISSION INOUERMS/COMMENTS Commissioner Kerins — complimented staff on the Urban Design Guidelines and use of the Design Review checklist. He suggested that a one -page sample of this be incorporated into the staff report for presentation to the City Council. Commissioner Kerins asked staff if the compact parking approved for In-N-Out Hamburger restaurant was necessary. Staff stated it was but would follow-up to determine the exact parking requirements. Commissioner Kerins asked Public Works if they have jurisdiction when a homeowner calls to complain about dust being generated by construction. Public Works stated that they did. Commissioner Mandic — asked staff if a conceptual plan had been prepared for the park being built on the historical OR Site No. 1. Staff stated that a conceptual plan had been prepared and they would provide a copy to the Commission. Commissioner Chapman — discussed the 54 acres of linear park property owned by Hearthside Homes. He suggested that a general plan amendment be prepared to change the designation from Estate Residential to Open Space prior to annexation. The Planning Commission approved a motion to agendized for the next meeting the proper procedure for the Planning Commission to generate a general plan amendment. Commissioner Biddle — request that the Public Works Department ensure that the curb at the southwest comer of Slater and Van Buren be repainted red. Commissioner LivenQood — stated he would not be present at the August 8, 2000 Study Session. PLANNING ITEMS CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Principal Planner — reviewed items from the previous City Council Meeting. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Senior Planner — reviewed items for the August 8, 2000 Planning Commission meeting. PC Minutes — 8/8/00 8 (OOPCM725) G. ADJOURNMENT —Adjourn to the August 8, 2000 Planning Commission meeting. 1 A MOTION WAS MADE BY BIDDLE, SECONDED BY LIVENGOOD, TO ADJOURN TO A 5:15 PM STUDY SESSION ON AUGUST_8, 2000, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandie, Chapman, Biddle, Livengood NOES: None ABSENT: Speaker ABSTAIN: None MOTION PASSED /kjl '7 VED BY: H ward Zelefsky, Secretary PC Minutes — 8/8/00 9 (OOPCM725)