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HomeMy WebLinkAbout2002-02-12MINUTES Huntington Beach Planning Commission Tuesday, February 12, 2002 Huntington Beach Civic Center 2000 Main Street, Huntington Beach, California 92648 Study Session Room B-8 " 5:15 P.M. 1. 5:15 p.m. Annual Review of the General Plan (Public Facilities & Utilities Elements) Mary Beth Broeren - = 2. 5:35 p.m. 'Waterfront Residential •(184 Attached Units) - Paul Da Veiga 3. 5:50 p.m. Downtown In -Lieu Parking Fees Program - Wayne Carvalho 4. 6:05 p.m. Agenda Review - Herb Fauland 5. 6:10 p.m. Major Projects Update - Herb Fauland _ 6. " 6:15 p.m. Planning Commission Inquiries - Herb Fauland 7. 6:20 p.m. _ Future Study Session Items - Herb'Fauland 8. 6:25 p.m. Public Comments - Bob Bolen, downtown property owner, spoke regarding parking in the downtown. Regular Meeting City Council Chambers 7:00 p.m. PLEDGE OF ALLEGIANCE P P P P, P- P P ROLL CALL: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Borden AGENDA APPROVAL A. ORAL COMMUNICATIONS — None. PC Minutes February 12, 2002 Page 2 B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1. ZONING TEXT AMENDMENT NO.01-02 (PARK IN -LIEU FEE ORDINANCE): Applicant: City of Huntington Beach Community Services Department Request: To amend Section 254.08 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) in reference to park land dedication and in -lieu fees. The amendment includes added language addressing use of fees, method for calculating fees, providing 100% land value park in -lieu fees, off -site requirements, and appeal process. Location: Citywide Project Planner: Wayne Carvalho ♦ Zoning Text Amendment No. 01-02 Amend the Huntington Beach Zoning and Subdivision Ordinance by modifying the method to. calculate park in -lieu fees for residential subdivision development. Require developers submit a site -specific appraisal of the project site to determine the fair market value of land for determining the park in -lieu fee. - Appraisal prepared at the expense of developer, requires review and approval by City. Staffs Recommendation: Approve Zoning Text Amendment No. 01-02 and forward to the City Council for adoption based upon the following: - The proposed amendment is consistent with the goals and policies specified in the Land Use and Recreation and Community Services Elements of the General Plan. - The revised ordinance will update the fee assessed on new residential subdivision development, and will ensure that current land values are utilized when calculating park in -lieu fees. - The revised ordinance will allow the City to collect fees necessary to acquire, develop, and rehabilitate park and recreational facilities throughout the City in accordance with the goal of providing five acres of parkland per 1,000 persons. Staff made a presentation to the Commission. Questions/comments included: • What establishes the in -lieu fee? (Fee is based upon property value, the best and highest use, and only applies to residential properties) • What percentage of the park budget is met? (25% through State and Federal grants, other) • How much revenue is projected? (Current fees collected are +$7M; projected to double- or +$14M) • What offsite developments can the fees be used for? (Curbs, gutters, sidewalks, traffic lights, storm drains, etc.) • What is the density factor? (Average persons per residential unit based on most current census information) (02p=0212) PC Muwtes February 12, 2002 Page 3 • If no parks are built in- the next'five' (5) years; where' do'the fees go? (Back to the owners of tract map) • How will this be tracked? (New permit system) • Discussion regarding condominium co-op fees • Discussion regarding developer fees • Discussion regarding Bond Issue/Nexus Study (building upgrade, equipment funding, boundaries/breakouts) = Discussion on possible areas of enhancement/rehabilitation (dosed school sites, Bartlett Park, Ocean View Sports Lighting) • Discussion on the General Fund • Discussion on deeds and park dedication (tract map lots)' THE PUBLIC HEARING WAS OPENED: Mike Balsamo, Building Industry Association (BIA), provided late communication to the Commission. He discussed three -issues: 1) proposed fee too high compared to other Orange County cities; 2) proposed fee inconsistent with the Quimby Act and how it relates to zone change; and 3) infill' housing and future raw land shortage. . Randy Allison, local developer, discussed how the proposed fee would be passed onto the buyer through the developer.. He believes the proposed fee will make developers consider building elsewhere within the County. Mike Adams, local developer, urged the Commission to continue the item and establish a subcommittee to include interested parties within the community to address concerns that will affect future development. He also discussed how the original tracts were developed, the credit that was provided, and how the Nexus Study.addresses. different concerns than those addressed in the Parks & Recreation Plan. Robert Corona, local developer, urged the Commission to continue the item and discussed how the subdivision' language located in the staff report does not relate to downtown lots. He discussed how the formula doesn't equate per acreage downtown. Dick Harlow, local developer, urged the Commission to continue the item to allow local developers a chance to review the Nexus Study and staff report material to provide feedback to the Commission. He stated developers should receive credit for park' fees downtown and referenced seVeral sites. He pointed out inequities in parkland values by zoning designation.''_. Rob Moore, local resident and landowner,- urged the -Commission to continue the'item to allow serious consideration of the impacts the proposed fee will have on future residential development. - He -stated that the ordinance should consider existence of parks subject to development application, and that fees should be reasonable. (02pcm0212) PC Minutes February 12, 2002 Page 4 WITH, NO ONE ELSE -PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. The Commission suggested that staff collect additional material on fees charged in other coastal cities. The Commission stated that affordable housing should have been a component included in the Ordinance and Nexus Study item checklist to provide better linkage to the planning process. The Commission felt that rehabilitation of school land should be strongly addressed. The Commission voiced concerns about property boundaries/home values being too broad to compare. The Commission inquired about how the elements for Parks & Recreation Plan fees relate to the goals of the General Plan. The Commission voiced concerns related to fees being charged for rebuilds that result from disaster. The Commission and staff discussed how the fee is substantiated for subdivided lots (new and existing). Discussion ensued regarding establishment of a subcommittee to study the impacts of the proposed, request. A MOTION WAS MADE BY LIVENGOOD, SECOND BY HARDY, TO CONTINUE ZONING TEXT AMENDMENT NO.01-02 (PARK IN -LIEU FEE ORDINANCE) TO APRIL 9, 2002, BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-2. ZONING TEXT AMENDMENT NO.01-09 (PUBLIC -SEMIPUBLIC 2 ACRE REQUIREMENT): -Applicant: City of Huntington Beach Planning Department Request: To amend: 1) Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance by deleting provision (A) which limits public -semipublic uses in Commercial Districts to sites less than two acres and; 2) Section 214.04 by adding a provision that states that public -semipublic uses on sites two acres or greater must be zoned PS (Public -Semipublic) does not apply to Commercial Districts. Location: Citywide Project Planner: Ricky Ramos (02Pcm0212) PC Minutes February 12, 2002 Page 5 + Zoning Text Amendment No. 01-09 request: _ - Amend the Zoning and Subdivision Ordinance (ZSO) to delete the provision which prohibits public -semipublic uses on sites two acres or greater in Commercial Districts Amend the ZSO to exempt public -semipublic uses on commercially zoned sites two acres or greater from requiring PS zoning + Staffs Recommendation: Approve Zoning.Text Amendment No. 01-09 and forward to the City Council for adoption based upon the following: - It is consistent with the goals, policies, and objectives of the General Plan, which pertains to sustaining the fiscal viability and.enhancing the market potential of the City by preserving the City's commercial zones. Additionally, it conforms to the policy_which promotes allowing for the continuation of existing and development of new institutional uses which serve the community, - Public semipublic uses are generally compatible with uses in the Commercial Districts where the most intensive uses are already permitted. Any site -specific compatibility issues will be addressed as part of any require d.entitlement process. It will provide more potential locations for publicsemipublic uses which -offer a variety of services to the community where they are generally compatible with the surrounding area subject"to any required entitlements in conformity"with public convenience, general welfare; arid_good zoning practice. Staff. made a presentation to the Commission. Questions/comments included: . -What sites will orwill not be affected by the proposed text amendment zone change? (Staff referenced examples of properties) • Discussion of concerns received from property owners (Hospital site and AES) • Discussion on how the City's tax base is affected by church uses within commercial zones. THE PUBLIC HEARING WAS OPENED. WITH NO ONE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. (04cmo212) PC Mnutes February 12, 2002 Page 6 A MOTION WAS MADE BY LIVENGOOD, SECOND BY SHOMAKER, TO APPROVE ZONING TEXT AMENDMENT NO.01-09 (PUBLIC -SEMIPUBLIC 2 ACRE REQUIREMENT) WITH FINDINGS AND FORWARD THE DRAFT ORDINANCE TO THE CITY COUNCIL FOR ADOPTION BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Borden NOES: None ABSENT:' None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL -ZONING TEXT AMENDMENT NO.01-09 FINDINGS FOR PROJECTS EXEMPT FROM_CE 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 City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. The project is exempt because it involves.a minor amendment to the zoning ordinance which does not change the development standards, intensity, or density of the affected districts. FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO.01-09: 1. Zoning Text Amendment No. 01-09 to amend sections 211.04 and 214.04 of the Zoning and Subdivision Ordinance is consistent with the objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. It conforms to the following goals, policies, and objectives in the General Plan: LU 1: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. LU 13: Achieve the development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach's residents. LU 13.1: Provide for the continuation of existing and development of new uses, such as governmental administrative, public safety, human service, cultural, educational, infrastructure, religious, and other uses that support the needs of existing and future residents and businesses. LU 13.1.1: Allow for the continuation of existing public and private institutional, cultural, educational, and health uses at their present locations (02p=0212) PC Minutes February 12, 2002 Page 7 and development of new uses in areas designated; on the Land Use Plan Map in accordance with Policy LU 7.1.1 ' - ED 1.1: Enhance the City's market potential in terms of, retail, office, industrial, and visitor serving activity. This would allow Huntington Beach to provide for retail,.office, and industrial opportunities that serve the current and projected population and"enhance sales and occupancy tax revenue. 2. In the case of a general land use provision,. the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The amendment to allow public semipublic uses on commercially zoned sites two acres or more is compatible with the uses authorized in the affected districts because the Commercial Districts already permit the most intensive uses. Additionally, there are safeguards in the code -which require entitlement approval for the majority of public -semipublic uses in the.Commercial Districts during which site -specific compatibility issues can be addressed. The amendment will not change existing development standards. 3. A community need is demonstrated for the change proposed. This amendment will allow certain public -semipublic facilities to maintain their commercial designation which improves the fiscal viability of their property and the City as a whole. Moreover, this amendment will provide additional potential locations throughout the City for public -semipublic uses which provide valuable services to the community. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because it. will provide more. potential locations for large, public -semipublic which serve the community where they are generally compatible with surrounding area subject to any required.entitlements. Furthermore, it will preserve commercial zones thereby enhancing the City's fiscal viability by reducing the pressure to convert to the Public -Semipublic zoning district to accommodate large public -semipublic uses. B-3. GENERAL PLAN AMENDMENT NO.01-02INEGATIVE DECLARATION NO. 01- 10 (HUNTINGTON BEACH HOSPITAL COMPLEX): Applicant:- City of Huntington Beach Planning Department Request: To amend the General Plan land use designation for the 13.8 acre site from P (Public) to CO (Commercial Office) to be consistent with the existing zoning designation of CO (Commercial Office). Location: 17742, 17752, 17772, and 17822 Beach Blvd. (southeast comer at Newman Ave.) Project Planner: Ricky Ramos • General Plan Amendment No. 01-02 request: - Redesignate 13.8 acres of property from P (Public) to CO-F2A (Commercial Office with maximum floor -area ratio of 0.75) on eight separate parcels Negative Declaration No. 01-10 request: (02p=0212) PC Minutes February 12, 2002 Page 8 - To determine that the proposed General Plan Amendment will not have a significant effect on the environment Staffs Recommendation: Approve General Plan Amendment No. 01-02 by resolution and Negative Declaration No. 01-10 with findings and forward the recommendation to the City Council based upon the following: It will allow the General Plan and zoning designations to conform. - The Commercial Office General Plan land use designation is compatible with the commercial character of the surrounding area and will not negatively impact property values. It is consistent with the goals, policies, and objectives of the General Plan which pertain to enhancing the City's market potential, achieving a range of commercial uses which sustain the City's economic viability, and allowing for the continuation of existing and development of new institutional uses which serve the community. The proposed General Plan Amendment will not result in significant adverse environmental impacts. Staff made a presentation to the Commission. Questions/comments included: • Why did the City Council continue the request to rezone the site to PS (Public -Semipublic) to a date uncertain when it was brought before them in July 2001? (Hospital property owners were concerned about the limited uses in the PS zone in contract to the CO zone and the City Council directed staff to address the property owners' concerns) THE PUBLIC HEARING WAS OPENED. WITH NO ONE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY HARDY, SECOND BY KERINS TO APPROVE NEGATIVE DECLARATION NO. 01-10 WITH FINDINGS BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: - None MOTION PASSED (02p=0212) PC M Aes February 12, 2002 Page 8 A MOTION WAS MADE BY HARDY, SECOND BY KERINS, TO APPROVE GENERAL PLAN AMENDMENT NO. 01-02 BY ADOPTING RESOLUTION NO. 1667 AND FORWARD TO THE CITY COUNCIL FOR ADOPTION (HUNTINGTON BEACH HOSPITAL COMPLEX), BY -THE FOLLOWING VOTE: AYES: Mandic,•Kerins, Hardy; Shomaker tivengood, Kokal, Borden NOES: None ABSENT: None" • : - _ A _ �' ... _ . . ABSTAIN: - :None:. _ , _..... MOTION PASSED FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO. 01-10: 1. Negative Declaration No. 01-10 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 twenty (20) days. The Planning Commission prior to action on the Negative Declaration considered comments received during the comment period. 2. There is no substantial evidence in light of the whole record before the Planning Commission that the project will have a significant effect on the - environment because the request consists only of an, amendment to the land use designation of the hospital -and medical office complex at the southeast comer of Beach and Newman. The proposed designation of Commercial Office is compatible with and is an extension of the commercial character of the area. The project site is.currently developed and located in a fully urbanized area.. -No new construction or any other physical changes are proposed with this request. C. _ ' 'CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED NOVEMBER 28.2001 (CONTINUED FROM JANUARY 22, 2002) A MOTION WAS MADE BY KERINS, SECOND BY LIVENGOOD, TO APPROVE PLANNING COMMISSION MINUTES DATED NOVEMBER 28, 2001, BY THE FOLLOWING VOTE: . AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS — None. (04=0212) PC Minutes February 12, 2002 Page 10 E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS E-1a. Planning Commission Committee Assignments A MOTION WAS MADE BY KERINS, SECOND BY HARDY, TO APPROVE THE PLANNING COMMISSION COMMITTEE ASSIGNMENTS BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Commissioner Kokal reported on the February 6, 2002 Shipley Nature Center Subcommittee meeting. A MOTION WAS MADE BY KERINS, SECOND BY HARDY, TO ESTABLISH A PARK IN -LIEU FEE SUBCOMMITTEE FOR STUDY PURPOSES TO INCLUDE TWO (2) REPRESENTATIVES FROM THE HUNTINGTON BEACH PLANNING COMMISSION, THREE (3) REPRESENTATIVES FROM THE LOCAL BUILDING INDUSTRY, ONE (1) REPRESENTATIVE FROM HUNTINGTON BEACH TOMORROW, ONE (1) REPRESENTATIVE FROM THE LOCAL REAL ESTATE INDUSTRY, AND SELECT MEMBERS OF CITY STAFF BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E-2. PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Mandic — None. Commissioner Kerins — Invited Mark Porter, Planning Commissioner Elect to attend the Planning Commission Workshop on Wednesday, February 13, 2002 at 12:00p.m. at the SeaCliff Country Club, Presidential Room, 6501 Palm in Huntington Beach. Commissioner Hardy — None. (02p=0212) PC Minutes February 12, 2002 Page 11 Commissioner Shomaker — Thanked Commissioner Bill Borden and Commission Counsel Paul D' Alessandro for their service to the Commission. Commissioner Livengood — Announced that he would not be present at February 13, 2002 Planning Commission Workshop. Commissioner Kokal — Received an inquiry from a resident curious about a pipeline that travels south from the city of Cypress along Bolsa Chica Street. Staff explained that the pipeline transports water to the Brightwater Development. Commissioner Borden — Announced the Trivia Challenge for Literacy on February 15, 2002 at 7:00 p.m. at the Huntington Central Library. F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Planning Manager — reported on the Planning Department items heard before the City Council on February 4, 2002. F-2. CITY COUNCIL ITEMS FOR THE NEXT MEETING Scott Hess, Planning Manager— reported on the Planning Department items that will be heard before the City Council on February 19, 2002. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner — reviewed items for the Planning Commission meeting of February 26, 2002. G. ADJOURNMENT — Adjourn to the Planning Commission Workshop, Wednesday, February 13, 2002 at 12:00 p.m., SeaCliff Country Club, Presidential Room, 6501 Palm, Huntington Beach, and the to the regularly scheduled meeting of February 26, 2002. HZ:HF:d APPRO ED BY: and Zelefsky, Secretary an Shomaker, Chairperson (02p=0212)