Loading...
HomeMy WebLinkAbout2000-08-08MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, AUGUST 8, 2000 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:15 PM (Room B-8) NEIGHBORHOOD PRESERVATION PROGRAM — Mike Strange ZONING TEXT AMENDMENT PRIORITY LIST — Herb Fauland AGENDA REVIEW — Herb Fauland PUBLIC COMMENTS - None REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker AGENDA APPROVAL Anyone wishing to speak must fill out and submit a form to spear No action can betaken 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 Mary Ellen Housal, representing the Amigos de Bolsa Chica, spoke in support of the proposal that the City Council initiate a General Plan Amendment for the 2.7 acre parcel on the west side of Edwards at Ellis from pre -general plan Estate Residential to Open Space. Dean Albright, representing Bolsa Chica Land Trust, also spoke in support of the initiation of the General Plan Amendment for the above mentioned property. He stated the land is better suited for parklands due to earthquake faults. B. PUBLIC HEARING ITEMS B-1 ENTITLEMENT PLAN AMENDMENT NO.00-04 (ZEIDAN COMMERCIAL BUILDING): APPLICANT: Mohammed Zeidan LOCATION: 126 Main Street (southeast comer at Walnut Avenue) PROJECT PLANNER: Wayne Carvalho • Entitlement Plan Amendment No. 00-04 request: - Convert 857 sq. ft. on the third floor of an existing three story commercial building to habitable floor area. - Participate in the parking in -lieu fee program based on the second and third floor uses. Staffs Recommendation: Approve Entitlement Plan Amendment No. 00-04 based upon the following: - The proposed occupancy of the third level will conform to the Downtown Specific Plan and Downtown Parking Master Plan. - All applicable conditions on the original entitlements (Conditional Use Permit No. 95- 84/Coastal Development Permit No. 95-25) will be complied with - Any intensification of use will be provided with additional parking pursuant to the Downtown Parking Master Plan and Parking In -Lieu Fee Program. THE PUBLIC HEARING WAS OPENED. Dick Harlow, 211-B Main Street, representing the applicant, spoke in support of the request. He stated that the third floor was originally an architectural feature for mechanical equipment, however, during construction the owners decided to free additional floor space. The impact is minimal and requested approval. 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 SHOMAKER, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO.00-04 WITH FINDINGS AND SUGGESTED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED 1 PC Minutes — 8/8/00 2 (OOPCM808) 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 Section 15301, Class 1 of the CEQA Guidelines which states that operation and minor alteration to existing structures involving negligible or no expansion are exempt from further environmental review FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.00-04: 1. Entitlement Plan Amendment No. 00-04 for occupancy of the 857 sq. ft. third floor enclosed area 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. With the conditions imposed, the occupancy of the third floor will not impact the existing commercial uses within the building. Furthermore, occupancy of the 857 sq. ft. with restaurant uses will include participation in the parking in -lieu fee program and will be in compliance with the 500,000 sq. ft. development threshold in the Downtown Parking Master Plan. No impact to parking is anticipated. 2. The Entitlement Plan Amendment No. 00-04 will be compatible with surrounding uses since the proposed commercial use will be located within the existing building shell. No exterior alteration to the building is proposed as part of this request. 3. The proposed occupancy of the 857 sq. ft. third floor enclosed area 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 third floor use will comply with parking, floor area ratio, and building occupancy/exiting requirements. 4. The granting of Entitlement Plan Amendment No. 00-04 will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use Vertical on the subject property. CONDITIONS OF APPROVAL — ENTITLEMENT PLAN AMENDMENT NO.00-04: 1. The site plan and floor plans received and dated March 30, 2000 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. The property owner shall submit an In -Lieu Parking Fee Participation Agreement to the Planning Department. The exact number of spaces will be determined at such time as a tenant is proposed. The in -lieu fee shall be the adjusted (+/-) fee based upon the most recent July 1, 2000 CPI adjustment to the current fee of $12,836.77 per space. The agreement shall be reviewed and approved by the City Attorney as to form and content and, when approved, shall be recorded in the Office of the Orange County Recorder. (City Council Resolution Nos. 6720 and 6721) PC Minutes — 8/8/00 3 (OOPCM808) 3. Prior to issuance of a Certificate of Occupancy, the following shall be completed: a. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. b. A copy of the recorded In -Lieu Parking Fee Participation Agreement and proof of full payment or first installment payment to the City Treasurer shall be submitted to the Planning Department. (Code Requirement) 4. All applicable conditions imposed on the original entitlements (Conditional Use Permit No. 95-84, and Coastal Development Permit No. 95-25) shall be complied with. 5. 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. 00-04-shall not become effective until the ten -calendar day appeal period has elapsed. 2. Entitlement Plan Amendment No. 00-04 shall become null and void unless exercised within one year of the date of final approval (August 18, 2000), 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 Entitlement Plan Amendment No. 00-04, 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. Prior to the sale of any alcoholic beverages, a conditional use permit shall be approved by the Zoning Administrator. 5. Prior to commencement of live entertainment or outdoor dining, a new conditional use permit shall be required. 6. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 7. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. PC Minutes — 8/8/00 4 (OOPCM808) 9. 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. 10. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Planning Commission. 11. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 12. Prior to issuance of Building Permits for new construction in the Downtown Specific Plan (SP-5) area, a Downtown Specific Plan fee shall be paid. 13. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the third floor. B-2 FLOOD MANAGEMENT PLAN: APPLICANT: City of Huntington Beach, Department of Planning LOCATION: Citywide PROJECT PLANNER: Susan Pierce ♦ The Flood Management Plan (IMP) is intended to: - Identify potential flood hazards and methods to reduce or mitigate flood damage; - Assist local, state, and federal flood mitigation and planning efforts; and - Ensure that flood insurance premium reductions continue to be available to Huntington Beach property owners and tenants. Staffs Recommendation: Review and approve the Flood Management Plan and recommend adoption by the City Council because the FMP will: - Implement goals, objectives, and policies of the General Plan; - Eliminate flood hazard risks to life, property, and public investment; - Provide a flood control system to support permitted land uses while preserving public safety; and - Satisfy the Federal Emergency Management Agency's requirement for the City's continued participation in the National Flood Insurance Program. THE PUBLIC HEARING WAS OPENED. Walt White, 8855 Sutter Circle, #518-D, Flood Management Committee, spoke in support of the plan. He said the pump stations and channels are inadequate. He recommended that the plan be used to obtain grants. He concluded by complimenting staff member, Susan Pierce, on the excellent job in coordinating the committee and preparation of the plan. PC Minutes — 8/8/00 5 (OOPCM808) Valerie Curry, 8302 Michael Drive, Flood Management Committee, spoke in support of the plan. She said the committee members were selected because their properties had experienced flooding over the years. She said the main problem is the deficient storm drain system She concluded by recommending approval Bill Halpin, 17182 Marina View, spoke in support of the plan. He said that the City of Huntington Beach has one the greatest flood dangers in the United States. He recommended that the City urge the County to move ahead with the improvements. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Kerins requested that a section be added to the Resolution stating that the City vigorously pursues funding from the County of Orange. Commissioner Livengood requested that Section 9.0 of the Flood Management Plan be amended to include the Planning Commission in the annual update. He also asked that a formal thank you letter be prepared from the Planning Commission thanking the committee members for dedicated work. The Commissioners agreed with the Department of Transportation recommendation that the roadway profile of Pacific Coast Highway be raised above the Mean Sea Level A MOTION WAS MADE BY ]KERINS, SECONDED BY SPEAKER TO APPROVE THE FLOOD MANAGEMENT PLAN BY ADOPTING RESOLUTION NO.1556 AS AMENDED, BY THE FOLLOWING VOTE: AYES: Shomaker, Kerins, Mandic, Chapman, Biddle, Livengood, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR None D. NON-PUBLIC HEARING ITEMS D-1 INITIATING GENERAL PLAN AMENDMENTS The Commission discussed the legality of making a recommendation to initiate a General Plan Amendment in the Holly Seacliff Area because of the Development Agreement. Paul D'Alessandro, City Attorney, said that the Developer has to agree to any changes in the land use controls governed by the Development Agreement. State Law only allows the legislative body to initiate General Plan Amendments. PC Minutes — 8/8/00 6 (OOPCM808) 1 Commissioner Shomaker recommended that the Commissioners be extremely cautious in this endeavor because of the Development Agreement. She was concerned that the City may end up in a lawsuit. Commissioner Speaker said he would be abstaining because the action is above and beyond what the Planning Commission should do. It should be done at staff or City Council level. Commissioner Mandic said she supported the motion because development was a privilege not a right. The developer purchased the property as open space and she felt it should remain open space. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO FORWARD A LETTER (WITH MODIFICATIONS) TO THE CITY COUNCIL TO DIRECT STAFF TO PROCESS A GENERAL PLAN AMENDMENT FOR THE 2.7 ACRES ON THE WEST SIDE OF EDWARDS STREET AT THE WESTERN TERMINUS OF ELLIS AVENUE FROM PRE -GENERAL PLAN ESTATE RESIDENTIAL (MAXIMUM 4 UNITS) TO OPEN SPACE, BY THE FOLLOWING VOTE: AYES: Kerins, Mandic, Chapman, Biddle, Livengood NOES: Shomaker, ABSENT: None ABSTAIN: Speaker MOTION PASSED E. PLANNING COMMISSION ITEMS E-1 PLANNING COMMISSION COMMITTEE REPORTS None E-2 PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Kerins — stated that he was pleased that Public Works had installed the left turn signals at Adams & Newland and Warner & Newland. Commissioner Chapman - inquired about the status of the equestrian crossing at Ellis and Goldenwest. Staff stated that they would investigate and report back. Commissioner Livengood — stated that the Adams Street sign has disappeared at the corner of Adams & Newland. Staff stated they would investigate and report back. F. PLANNING ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Principal Planner — reviewed items from the previous City Council Meeting. PC Minutes — 8/8/00 7 (OOPCM808) F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Tr --I. V,,,•r •,a c•,.,.,._ nr...., ._ . 1 ;+,.-- r -+U^ A,,-.,,+ IMA D1 -:-- lLG/U 2'l1 tt 11////t• UG/ttVl I lit/tlt C/ —rl, YlV YV I, Il t11.111J 1V1 tilt, !>U�UJI L-� LVVV 1 ltilllllil� Commission meeting. G. ADJOURNMENT — adjourn to the August 22, 2000 Planning Commission meeting. A 74T(1TT!►AT 117 A Q ItT A T1TI T)tT T717nT1kTQ QT,'d-r%1\TT11rTl T3-17 A T A TiTT%Td" T!1 A T\ T!\TT nikT Tfl A h\ Il7\/ ! !\/I\ •V tALI IYl Kt/P. U ■ !\!h t\!1•�7, .7 tL\,\/l\!J!`, 11 U 11 ITI H 17 NJ!\,, ! \/ t% 5:15 PM STUDY SESSION ON AUGUST 22, 2000, AND THEN TO REGULARLY !i !i!1 f!!1! N 7! Y! ANIAIlIVC ! 1 fIl, I\'!!1\!! f1 1\:!!1 N ! ,Nf: A ! I•!!!! p AT K w ! lT FOLLOWING VOTE: A ='FS: S!homaker, Kerins, Manche, Ch2pinan, Biddle, Lhvengood, Speaker ABSENT: None A T1QT A T'% �.T,___r MOTION PASSED /kjl APPRO ED BY: �-7--� H and Zele s ecretary PC Minutes - 8/8/00 8 (OOPCM808)