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HomeMy WebLinkAbout2002-06-25MINUTES Huntington Beach Planning Commission Tuesday, June 25, 2002 Huntington Beach Civic Center 2000 Main Street, Huntington Beach, California 92648 Study Session Room B-8 5:16 P.M. 1. 5:15 p.m. Community Services Department Update — Jim Engle 2. 5:40 p.m. Affordable Housing — Mary Beth Broeren 3. 6:00 p.m. Downtown Parking Master Plan Annual Review — Wayne Carvalho 4. 6:15 p.m. Agenda Review — Herb Fauland 5. 6:15 p.m. Future Study Session Items - Herb Fauland 6. 6:20 p.m. Major Projects Update/Planning Commission Inquiries - Herb Fauland 7. 6:25 p.m. Public Comments — None. Regular Meeting City Council Chambers 7:00 p.m. PLEDGE OF ALLEGIANCE — Led by Commissioner Kerins A P A P P P A ROLL CALL: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter AGENDA APPROVAL PRESENTATION PRESENTATION OF RESOLUTION NO. 1572, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, EXPRESSING APPRECIATION TO SUSAN PIERCE FOR THIRTY (30) YEARS OF DEDICATED SERVICE TO THE CITY. On behalf of the entire Commission, Chairperson Shomaker thanked Mrs. Pierce for her dedicated service to the Commission and the City of Huntington Beach. PC Minutes June 25, 2002 Page 2 A. ORAL COMMUNICATIONS - None. B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. A MOTION WAS MADE BY ACCLAIMATION TO MOVE ITEM B-2 TO THE BEGINNING OF THE PUBLIC HEARING AGENDA. THE MINUTES WILL REFLECT ITEMS LISTED IN THEIR ORIGINAL ORDER. B-1. ZONING TEXT AMENDMENT NO.02-01 (WIRELESS COMMUNICATION FACILITY ORDINANCE - CONTINUED FROM MAY 28, 2002) Applicant: City of Huntington Beach Request: To amend Chapter 230 (Site Standards) of the Huntington Beach Zoning and Subdivision Ordinance to establish wireless communication facility development regulations. The request includes amending various sections of the Huntington Beach Zoning and Subdivision Ordinance as it pertains to definitions and permitting wireless communication facilities in all districts (Residential, Commercial, Industrial, etc.). Location: Citywide Project Planner: Jason Kelley • Zoning Text Amendment No. 02-01 request: - Amend Chapter 230 of the Zoning and Subdivision Ordinance (ZSO) to establish a wireless communication facility ordinance. - Amend nine sections of the ZSO to clarify use classifications and land use control for wireless communication facilities. Continued Item: - Planning Commission meeting May 28, 2002. Planning Commission approved a continuance to the June 25, 2002 Planning Commission meeting to allow staff additional time to discuss appropriate language with the City Attorney regarding abandonment procedures, penalties, and interference with the City's 800 MHz radio frequency. Staff's Recommendation: Approve Zoning Text Amendment No. 02-01 and forward to the City Council for adoption based upon the following: - It will provide processing incentives for facilities that are co -located and architecturally compatible with surrounding buildings and the environment. - It will provide clearer direction to wireless providers and staff when reviewing and processing applications. Staff made a presentation to the Commission. THE PUBLIC HEARING WAS OPENED. WITH NO ONE PRESENT TO SPEAK ON THE ITEM, THE PUBLIC HEARING WAS CLOSED. (02p=0625) PC Minutes June 25, 2002 Page 3 Discussion ensued regarding revisions discussed at the study session related to lease agreements between the property owners and applicants, and how the administrative review process will decrease the amount of time it takes to process entitlements. A MOTION WAS MADE BY KERINS, SECONDED BY LIVENGOOD, TO APPROVE ZONING TEXT AMENDMENT NO. 02-01 WITH FINDINGS AND FORWARD TO THE CITY COUNCIL FOR FINAL CONSIDERATION, BY THE FOLLOWING VOTE: AYES: Kerins, Shomaker, Livengood, Kokal NOES: None ABSENT: Mandic, Hardy, Porter ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 02-01 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 minor amendments 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.02-01: Zoning Text Amendment No. 02-01 to amend certain sections 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 because the amendments clarify and streamline entitlement processing for wireless communication facilities thereby furthering the City's development goals and encourage the use of stealth techniques thereby improving the aesthetics of the community. 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 clarifies and establishes development standards for proposed wireless communication facilities to provide better public service for applicants and residents of the City of Huntington Beach. 3. A community need is demonstrated for the change proposed. The need for reduced processing time is desired by the business community; whereas, improved development standards which achieve aesthetic goals are desired by all communities of the City. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice by codifying the existing wireless policy and creating a zoning and (02pcm0625) PC Minutes June 25, 2002 Page 4 subdivision ordinance more reflective of City priorities. The revisions to the Zoning and Subdivision Ordinance will result in the City's ability to require quality design and development of proposed wireless facilities, without restricting the wireless provider from serving the needs of the community. B-2. CONDITIONAL USE PERMIT NO. 00-43, COASTAL DEVELOPMENT PERMIT NO. 00-13, LOT LINE ADJUSTMENT NO. 00-07, AND MITIGATED NEGATIVE DECLARATION NO.00-07 (PARK AVENUE MARINA) Applicant: Hugh Seeds Request: CUPICDP: To construct a five slip boat marina on a 6,179 square foot parcel. The proposed improvements include five offshore floating docks, a four foot wide floating pedestrian ramp, a four foot wide public sidewalk to the waters edge, and a 2,793 square foot, three-story marina office and caretaker's quarters. Approximately 1,189 square feet of enclosed garage (2 spaces) and covered carport (4 guest spaces), along with 2 open guest parking spaces is also proposed. The proposed docks will be rented to the public. The marina will not include fueling facilities. The project will require dredging (approximately 275 cubic yards of sediment) of the channel to provide access to the proposed docks. LLA: A lot line adjustment to eliminate an existing lot line between two contiguous parcels under common ownership creating one 6,179 square foot lot. Location: 16926 Park Avenue (terminus of Park Avenue in Huntington Harbour -north of Warner Avenue, east of Pacific Coast Highway). Planner Assigned: Jane James Conditional Use Permit No. 00-43 request: - Construct a boat marina consisting of five off -shore floating docks, a pedestrian ramp, and public access to the waters edge - Construct a 2,793 square foot, three story marina office and caretaker's unit with 1,189 sq. ft. of enclosed garage (2 spaces) and covered carport (4 guest spaces), as well as two open guest spaces. Coastal Development Permit No. 00-13 request: - Construction on vacant land within the Coastal Zone Lot Line Adjustment No. 00-07 - Eliminate an existing lot line between two contiguous parcels under common ownership creating one 6,179 square foot lot Staff's Recommendation: - Continue Conditional Use Permit No. 00-43, Coastal Development Permit No. 00-13, Lot Line Adjustment No. 00-07, and Negative Declaration No. 00-07 to a date uncertain. Staff informed the Commission that the applicant required additional time to refine the proposed project in response to comments received on the draft Mitigated Negative Declaration. (02pcm0625) PC Minutes June 25, 2002 Page 5 THE PUBLIC HEARING WAS OPENED. WITH NO INDIVIDUALS SIGNED UP TO SPEAK, THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY LNENGOOD, SECONDED BY KERINS, TO CONTINUE NEGATIVE DECLARATION NO. 00-07, CONDITIONAL USE PERMIT NO.00-43, COASTAL DEVELOPMENT PERMIT NO.00-13, AND LOT LINE ADJUSTMENT NO. 00-07 TO A DATE UNCERTAIN BY THE FOLLOWING VOTE: AYES: Kerins, Shomaker, Livengood, Kokal NOES: None ABSENT: Mandic, Hardy, Porter ABSTAIN: None MOTION PASSED B-3. CONDITIONAL USE PERMIT NO. 01-71 AND NEGATIVE DECLARATION NO. 02-03 (CASA DEL SOLI Applicant: Ali Fartash Request: CUP: To permit a seven percent density bonus with an affordable housing incentive for the construction of 32 two -bedroom units to an existing 448-unit apartment complex. The proposed density bonus is 26.72 units per acre (480 units) in lieu of the maximum density of 25 units per acre (max. 449 units). The proposed units will be constructed in five buildings centrally located along the interior open space and recreation area. The affordable housing component of the request is to provide 20 percent of the total units (96) to low income households or 10 percent of the total units (48) to very low low-income households. The one affordable housing incentive is to allow a 29-space reduction in the covered parking requirement. Other site improvements include the addition of 153 parking spaces within the existing parking areas, a 350 square foot addition to an existing recreation building, and the construction of an 800 square foot carwash building for resident use only. Location: 21661 Brookhurst (West side of Brookhurst St., south of Hamilton Ave.). Planner Assigned: Paul Da Veiga Conditional Use Permit No. 01-71 request: - A seven percent density bonus with an affordable housing incentive for the construction of 32 two -bedroom units within an existing 448-unit apartment complex. The proposed density bonus is 26.72 units per acre in lieu of the maximum allowable density of 25 units per acre. - Ten percent of the existing number of units (45 units) designated as affordable to very -low income households. - An affordable housing incentive to allow a 29-space reduction in the covered parking requirement. - Modifications to existing parking layout resulting in 153 additional parking spaces. - Renovation of an existing recreational building including a 350 square foot addition with exterior upgrades. - Construction of a new 800 square foot carwash facility for resident use. (02p=0625) PC Minutes June 25, 2002 Page 6 Staff's Recommendation: Approve Negative Declaration No. 02-03 and Conditional Use Permit No. 01-71 based upon the following: - Compatible with surrounding land uses and the site is physically suitable for the proposed density of 26.7 units per acre. - Consistent with the General Plan Land Use Element designation of Residential Medium -High Density on the subject property. - Serves affordable housing needs of the community by designating 45 units as affordable to very low-income households. - Complies with applicable RMH (Residential Medium -High Density) requirements. - Affordable housing incentive for a covered parking reduction is appropriate because the project will comply with the total number of parking spaces required and will not impact adjacent development. - No adverse environmental impacts. Staff made a presentation to the Commission. Questions/comments included: • Landscaping plans. • Loss of 4 ft. to accommodate 900 parking in areas between buildings. • Car wash element (accessory structure). • Density bonus, including affordable housing incentive (formula based on proposal, and code requirements and development standards being met). • Property setbacks. • Balconies (direction). • Public notification (misleading). • Covered parking. • Explanation of lower and very low-income affordable rents. • Explanation of the conditions of approval for original proposal acted on by the Commission and City Council in 1969. THE PUBLIC HEARING WAS OPENED. Mark DePledge, Branta Circle, Huntington Beach, spoke in opposition to the item. Mr. DePledge lives on the west perimeter of Casa Del Sol and would like his privacy to be maintained. He referenced the 1969 Planning Commission decision to not allow 3`d story dwellings along the west perimeter of the property. He voiced concerns about the proposed 50' setback, view obstruction, decreased property values, increased noise and refuse. Greg Angelovic, Branta Circle, Huntington Beach, spoke in opposition to the item. Mr. Angelovic lives near the west perimeter of Casa Del Sol. He informed the Commission that the residents adjacent to the proposed project did not hear of the builder's plans until public notification arrived from the City. He expressed concerns about his lack of privacy; possible increases in crime and decreased property values. (02p=0625) PC Minutes June 25, 2002 Page 7 Edward Silveri, Oceancrest Drive, Huntington Beach, spoke in opposition to the item. Mr. Silveri voiced concerns regarding noise associated with increased parking, and privacy issues related to 3-story structures. He requested added landscaping and stressed the importance of maintaining open space. Irina Lykov, Branta Circle, Huntington Beach, spoke in opposition to the item. Ms. Lykov voiced concerns about the proposed 3-story dwelling invading her privacy, and mentioned that the current 2-story structures produce a significant amount of noise. She also discussed traffic, parking and trash problems in the Casa Del Sol complex. Alex Balazs, Branta Circle, Huntington Beach, spoke in opposition to the item. Mr. Balazs discussed the 1969 Planning Commission decision to not allow Td story dwellings, and described the City's public notification about the proposed project as vague. Glenn Elliott, Branta Circle, Huntington Beach, spoke in opposition to the item. Mr. Elliott voiced concerns about privacy related to 3-story dwellings and the 50' property setback. He discussed the 1969 Planning Commission decision to not allow 3`d story dwellings, issues related to the walkway view into adjacent homes, and lost visibility of skyline. Joe Segura, Clearbrook Drive, Huntington Beach, spoke in opposition to the item. Mr. Segura informed the Commission of trespassing that occurs by juveniles climbing the wall that separates his home from the Casa Del Sol complex. He stated that he has contacted Police and Casa Del Sol Management on numerous occasions to complain about activity that occurs in the Casa Del Sol parking area behind his home. He also mentioned that a resident or visitor to Casa Del Sol damaged his retaining wall with a vehicle, which resulted in water damage to the wall. Mr. Segura's efforts to resolve the matter have been ignored. David Brisky, Clearbrook Drive, Huntington Beach, spoke in opposition to the item. Mr. Brisky voiced concerns about noise and vandalism. Kim Pinkham, Branta Circle, Huntington Beach, spoke in opposition to the item. Ms. Pinkham stated that the public notification was misleading and did not communicate the applicant's intentions. She also stated that the developer would gain income at the expense of the neighboring residents. The Commission asked the applicant to approach the podium. Ali Fartash, applicant, spoke to the Commission about adjusting the westerly building to accommodate parking near the front of the development. Richard Battaglia, property owner, spoke to the Commission about adjusting the plan for a 2-story dwelling, and that setback issues can be settled. He stated that he and the applicant would work with the residents to resolve unsettled issues. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. (02pcm0625) PC Minutes June 25, 2002 Page 8 Discussion ensued regarding dimensions of driveways, including landscape planters and drive stalls to determine if the developments driveway widths comply with fire code requirements. The Commission asked staff to distinguish areas of open space that would remain in the development. The Commission expressed concerns about the proposed carwash element, specifically ifs height and proposed location. The Commission also expressed concerns about possible decreases in property values, and compromising a "good faith" agreement by overriding the 1969 Planning Commission decision to not allow 3-story dwellings. A MOTION WAS MADE BY KOKAL, SECOND BY LIVENGOOD, TO CONTINUE TO THE PLANNING COMMISSION MEETING OF JULY 23, 2002, BY THE FOLLOWING VOTE: AYES: Kerins, Shomaker, Livengood, Kokal NOES: None ABSENT: Mandic, Hardy, Porter ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED MAY 14, 2002 A MOTION WAS MADE BY KERINS, SECONDED BY KOKAL, TO APPROVE PLANNING COMMISSION MEETING MINUTES DATED MAY 14, 2002 BY THE FOLLOWING VOTE: AYES: Kerins, Shomaker, Livengood, Kokal NOES: None ABSENT: Mandic, Hardy, Porter ABSTAIN: None MOTION PASSED (02pcm0625) PC Minutes June 25, 2002 Page 9 C-2. PLANNING COMMISSION MINUTES DATED MAY 28, 2002 A MOTION WAS MADE BY KERINS, SECONDED BY KOKAL, TO APPROVE PLANNING COMMISSION MEETING MINUTES DATED MAY 28, 2002 BY THE FOLLOWING VOTE: AYES: Kerins, Shomaker, Kokal NOES: None ABSENT: Mandic, Hardy, Porter ABSTAIN: Livengood MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1. GENERAL PLAN CONFORMANCE NO.02-01 (SOUTHEAST RESERVOIR) Applicant: City of Huntington Beach Public Works Department Request: To find that the City's acquisition of approximately 4.5 acres of land for a future water reservoir is in conformance with the General Plan. Location: East of Newland Street, south of Edison Way. Planner Assigned: Ricky Ramos General Plan Conformance No. 02-01 request: - Determine whether the acquisition of approximately 4.5 acres of property for the construction of a ten million gallon water reservoir and booster pumping station is in conformance with the goals, objectives, and policies of the General Plan. Staffs Recommendation: Approve General Plan Conformance No. 02-01 based upon the following: - The proposed acquisition of the subject property for the construction of a water reservoir is in conformance with the goals, objectives, and policies of the Land Use, Coastal, Public Facilities and Public Services, and Utilities Elements of the General Plan. - The proposed acquisition of the subject property for the construction of a water reservoir is necessary to ensure that adequate water supply and fire services are provided to area residents and businesses. Staff made a presentation to the Commission. Questions/comments included: • Information to substantiate the City's need to acquire property for construction of a water reservoir. • Reservoir height. • Water Master Plan elements. • Emergency storage capacity. • Earthquake fault line language. (02p=0625) PC Minutes June 25, 2002 Page 10 A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KOKAL, TO ADOPT RESOLUTION NO. 1573 APPROVING GENERAL PLAN CONFORMANCE NO. 02-01 WITH FINDINGS. A MOTION WAS MADE BY KERINS, SECONDED BY LIVENGOOD, TO AMEND THE ORIGINAL MOTION TO INCLUDE LANGUAGE ON FAULT LINES, GEOTECHNICAL IN NATURE, TO THE FINGINGS FOR APPROVAL BY THE FOLLOWING VOTE: AYES: Kerins, Shomaker, Livengood, Kokal NOES: None ABSENT: Mandic, Hardy, Porter ABSTAIN: None MOTION PASSED FINDINGS OF APPROVAL - GENERAL PLAN'CONFORMANCE NO.02-01 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the request 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 15061 (b)(3) of CEQA because there is no possibility that the acquisition of the subject property will have any significant effect on the environment. FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO.02-01: 1. The proposed acquisition of property for the construction of a water reservoir on the east side of Newland Street south of Edison Avenue conforms to the goals, objectives, and policies of the Land Use, Coastal, Public Facilities and Public Services, and Utilities Elements of the General Plan. 2. The proposed acquisition of property for the construction of a water reservoir ensures that development is adequately served with public infrastructure and facilities by providing reserve and emergency water storage as recommended in the adopted Water Master Plan. 3. The proposed acquisition of property for the construction of a water reservoir is part of public infrastructure and service improvements necessary to support the land uses specified in the Land Use Plan as defined in the Utilities Element of the General Plan. 4. The construction activities required by the project are not anticipated to have significant adverse impacts on any biological or wildlife resources as the site is part of an existing generating station and is already developed. Geotechnical investigations found no evidence of an earthquake fault at either of the sites being considered for construction of a water reservoir. (02p=0625) PC Minutes June 25, 2002 Page 11 E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS — None. E-2. PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Mandic — Absent. Commissioner Kerins — Asked when construction of the In-N-Out restaurant at Beach and Talbert was scheduled to begin. Staff replied late 2003. Commissioner Hardy — Absent. Commissioner Shomaker — None. Commissioner Livengood — None. Commissioner Kokal — Informed the Commission that he would not be present at the July 9 meeting. He also thanked those who were present to speak during the Public Hearing. Commissioner Porter — Absent. F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Herb Fauland, Principal Planner— reported on the Planning Department items heard before the City Council on June 17, 2002. F-2. CITY COUNCIL ITEMS FOR THE NEXT MEETING Herb Fauland, Principal Planner — reported on the Planning Department items that will be heard before the City Council on July 1, 2002. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner— reported that the July 9 Planning Commission meeting has been cancelled due to a lack of complete items, but informed the Commission that a Study Session will still be held on that day at 5:15 p.m. He also reviewed items for the Planning Commission meeting of July 23, 2002. (02pcm0625) PC Minutes June 25, 2002 Page 12 G. ADJOURNMENT — Adjourn to the Planning Commission Study Sessltln of July 9, 2002 at 5:15 p.m. in Room B-8 of the Huntington Beach Civic Center. HZ: H F:rl APPROVED BY: HovWd Zelefsky, Secretary qagn Shomaker, Chairperson (02pcm0625)