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Home My WebLink About2003-02-25o MINUTES HUNTINGTON BEACH PLANNING COMMISSION y TUESDAY, FEBRUARY 25, 2003 HUNTINGTON BEACH CIVIC CENTER �j 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 STUDY SESSION Room B-8 5:15 PM - 8:15 PM CALL PLANNING COMMISSION MEETING TO ORDER 5:15 P P P . P P P P ROLL CALL: Davis, Bohr, Stanton, Kokal, Shomaker, Dingwall, Ray ROUNDTABLE DISCUSSION TOPICS A. Planning, Zoning and Development Law — Fauland/Hess 5.20 Fauland explained that the Planning Department's function is to ensure that entitlement processing is in compliance with local and state law. He added that Dan Curtin's Califomia Land Use and Planning Law is used as a reference guide for the interpretation of state law. Fauland instructed the Commission to direct all questions related to state law to himself, Scott Hess, or Paul D'Alessandro, Commission Counsel. B. CUP Processing (ZA & PC) — Fauland/Hess 5.25 Fauland outlined the CUP processing steps depicted in a flow chart provided to the Commission. The Commission asked if and when information of this sort will be available to the public on the City's website. Fauland replied that the idea would be considered when resources are available. The Commission requested that staff add as a future study session item review of the City's Administrative Citation Ordinance (HBMC 1.18) to better understand the process of whether or not a business cited for failing to obtain a CUP is allowed to remain in operation. Staff explained that decisions are made on a case -by -case basis. (03AG0225) PC Minutes February 25, 2003 Page 2 C. Findings and Conditions of Approval/Nexus — Fauland/Hess 5:50 Fauland explained the purposes for making findings, and how staff reports augment findings with information derived from the analysis of the staff report. He added that the staff report provides findings for approval or denial depending on the staff recommendation prior to action by the Commission; alternative findings for denial or approval are drafted only when the Commission makes an alternative decision and based on the alternative findings made by the Planning Commission. Fauland explained "nexus" as the connection between a project and the exaction or condition of approval imposed, based on the reasonable impact of the project itself. He added that staff would forward written information on the subject of nexus. D. DRB/ZA/PC/CC Conditions of Approval Enforcement — Fauland/Hess 6:10 Fauland explained that the Planning Department and the Code Enforcement Division overseas the enforcement of conditions of approval recommended by various governing bodies, and described the related roles of the Building, Fire and Public Works departments. Fauland also explained Code Enforcement's role in monitoring code compliance during the project review periods recommended by the Commission. E. Design Review Board & Urban Design Guidelines — Fauland/Hess 6:20 Fauland explained the Design Review Boards involvement with developing the Urban Design Guidelines, the purpose behind the Guidelines, and how they have won several merit awards from the American Planning Association. He also cited examples of recent projects that focused on the goals and objectives of the Design Guidelines, including those located within certain Specific Plan areas. The Commission asked about amending the Design Guidelines. Fauland explained that the guidelines can only be amended by a resolution of the City Council. COMMISSIONERS DINGWALL AND STANTON EXCUSED THEMSELVES FROM THE REMAINDER OF THE MEETING. THE PLANNING COMMISSION TOOK A 5-MINUTE RECESS II. PLANNING COMMISSION'S GOALS & PRIORITIES — Randy Kokal 6:30 G&O No. 1. The Commission inquired about the Community Facilities District (CFD) for Bella Terra. Staff will schedule this topic for a future study session. G&O No. 3. The Commission inquired about the mission of the Neighborhood Preservation Program (NPP). Staff mentioned that the program was outlined at the February 11, 2003 Workshop/Study Session. The Commission may consider further discussion at a later date. (03pcm0225) PC Minutes February 25, 2003 Page 3 G&O No. 4. Commission and staff discussed the use of eminent domain and projects that possess a "grandfather" clause. The Commission commented that certain "grandfathered" projects hinder progress because code compliance does not constitute aesthetic improvement. G&O No. 5. Staff explained that there are 17 code amendments currently pending. G&O No. 6. Staff cited continuity in front yard setbacks along Main Street as an example to better understand its intent. The Commission discussed Lake Street parking/grass areas and staff commented that such areas are in the public right-of-way, with Public Works the responsible department. G&O No. 7. Staff stated that individual Commission Members may meet with applicants to discuss a proposed project. The Commission and staff discussed attending Development Assistance Committee (DAC) and community -driven meetings to become familiar with proposed projects. G&O No. 8. The Commission suggested it is the responsibility of each member to meet frequently with their respective Council liaison to discuss issues of mutual interest between the Planning Commission and the City Council. PLANNING COMMISSION BYLAWS — Randy Kokal 7:10 Discussion ensued regarding proposed changes presented by the Bylaw Subcommittee. The Commission pointed out that revisions were made without noticeable appearance and it was suggested that the Commission refer back to the document presented at the February 11 meeting. Section1. TITLE AND MEMBERSHIP. Revisions were outlined and discussion ensued as to whether or not the section should include naming the number of members and formal name of the Commission. Commission Counsel stated that the Planning Commission cannot adopt anything that attempts to supercede a city ordinance, and that although the two documents read differently, information maintained within the ordinance is considered legally correct. A STRAW VOTE MOTION WAS MADE BY SHOMAKER, SECONDED BY BOHR, TO KEEP THE RECOMMENDED CHANGES TO SECTION 1 AS SUBMITTED BY THE BYLAW SUBCOMMITTEE BY THE FOLLOWING VOTE: AYES Shomaker, Bohr, Kokal, Ray NO Davis ABSTAIN None ABSENT Stanton, Dingwall MOTION PASSES (03p=0225) PC Minutes February 25, 2003 Page 4 Section 2. OFFICERS. Revisions were outlined and no objections were presented. Section 3. DUTIES OF CHAIRMAN- CHAIR AND VICE -CHAIR. Revisions were outlined and discussion ensued regarding the Chair's ability, with assistance of the Secretary to the Planning Commission, to determine the agenda of meetings. Staff provided an explanation why the Secretary (Planning Director) and staff determine items to be placed on the agenda. The Commission suggested including a section in the agenda for Planning Commission items, similar to that of the City Council/Redevelopment Agency agenda reserved for City Council "H" items. It was decided that Commissioner's Davis and Shomaker will rewrite this portion of Section 3 and resubmit to the Commission for further consideration. The remaining revisions shall remain. Section 4. DUTIES OF THE SECRETARY. Revisions were outlined and discussion ensued regarding records retention. Commission Counsel reminded the Commission the City Council adopted a citywide records retention schedule that supercedes records retention outlined in the bylaws. A STRAW VOTE MOTION WAS MADE BY BOHR, SECONDED BY SHOMAKER, TO INCLUDE LANGUAGE IDENTIFYING A 90-DAY RECORDS RETENTION FOR ELECTRONIC MEDIA, UNLESS THE TIMELINE EQUALS THAT OF THE CITWIDE RETENTION SCHEDULE ADOPTED BY THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES Shomaker, Bohr, Kokal NO Davis, Ray ABSTAIN None ABSENT Stanton, Dingwall MOTION PASSES Discussion ensued regarding absence of the Secretary, specifically timely notification to the Chair of who will serve as Acting Secretary. The Commission voiced concerns about the Secretary's absence at meetings. A STRAW VOTE MOTION WAS MADE BY DAVIS, SECONDED BY SHOMAKER, TO OMIT LANGUAGE "AND WITH TIMELYNOTICE TO THE CHAIR" BY THE FOLLOWING VOTE: AYES Shomaker, Bohr, Davis NO Kokal, Ray ABSTAIN None ABSENT Stanton, Dingwall MOTION PASSES THE REMAINDER OF THE PLANNING COMMISSION BYLAWS WILL BE CONTINUED TO THE NEXT REGULAR MEETING OF MARCH 11, 2003. (03p=0225) PC Minutes February 25, 2003 Page 5 IV. PUBLIC COMMENTS REGARDING STUDY SESSION ITEMS— None. V. ADJOURNMENT 8:15 Adjourned at 8:15 p.m. to March 4, 2003 at 9:00 a.m. for a Communications Workshop in the Balboa Room at the Huntington Central Library, 7771 Talbert Street, Huntington Beach. HZ:HF:d APPR D BY: Fftgrd Zele sky, ecretary Ra y Kok , Chair (03pcm0225)