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HomeMy WebLinkAbout2003-10-28MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, OCTOBER 28, 2003 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 5:16 P.M. - ROOM B-8 —CITY HALL LOWER LEVEL CALL PLANNING COMMISSION MEETING TO ORDER A P P P A A P ROLL CALL Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood Commissioner's Thomas and Shomaker arrived at 5:25 p.m. AGENDA APPROVAL A MOTION WAS MADE BY DAVIS, SECONDED BY LIVENGOOD, TO MOVE PUBLIC COMMENTS TO THE BEGINNING OF THE AGENDA BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Livengood NOES: None ABSENT: Thomas, Shomaker, Dingwall ABSTAIN: None MOTION PASSED AGENDA ITEMS WILL BE LISTED IN THEIR ORIGINAL ORDER A. STUDY SESSION ITEMS 1. PRESENTATION BY THE PUBLIC HEARING PROCESS SUBCOMMITTEE — Bob Dingwall Due to Commissioner Dingwall's absence, the presentation was cancelled and will be rescheduled for a later date. 2. AGENDA REVIEW — Herb Fauland Code Enforcement Officer Mike Fuentes gave an update of activity related to Hiro's Nursery. He informed the Commission of recent inspections and violations cited, and discussed efforts by the property owner to bring the site into compliance with code requirements and conditions of approval associated with the conditional use permit. Discussion ensued regarding the current grading permit and changing the contour of the land to improve drainage. Discussion also ensued regarding the Commission's role in monitoring code/conditional use permit compliance. Staff suggested that the topic be discussed at the next Planning Commission Workshop. (03p=1028) PC Minutes October 28, 2003 Page 2 PUBLIC COMMENTS — Regarding Study Session portion of Meeting Randy Furman, Huntington Beach, spoke in opposition to Public Hearing Item No. B-3 and provided comments on variance and conditional use permit requests that result in non- conforming structures. He requested that the Commission consider moving the item to the beginning of the agenda and continuing it. Mark Bixby, Huntington Beach, spoke regarding public hearing process reform and code violations related to the conditional use permit for Hiro's Nursery. Hiro Kawchi, Hiro's Nursery, provided photographs depicting the site's appearance before and after he took ownership. He updated the Commission on progress being made to correct problems on the site and discussed the site's.maintenance history. Gaye Churchin, Huntington Beach, provided comments on the 31-Acre (Pacific City) project. She discussed groundwater contamination, Chevron's exemption request, and information lacking within the project's draft Environmental Impact Report. John Ott, Huntington Beach, provided comments on the 31-Acre (Pacific City) project and voiced concerns about past development activity at Pacific Ranch. He identified the development as a site (Pacific Ranch) with 4 reported cases of serious medical conditions that may be related to soil contamination. He also discussed his daughter's death caused by a Brain Stem Glioma tumor. Cheri -Jan Olson, Huntington Beach, voiced concerns about the environmental and safety issues related to the 31-Acre (Pacific City) project site. She informed the Commission of her son's Brain Stem Glioma tumor diagnosis. She urged the Commission to solicit independent " groundwater testing, and to do the right thing when making a decision, on the proposed project. 6:30 P.M. — RECESS FOR DINNER 7:00 P.M. — COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE P P P P P AP ROLL CALL: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood AGENDA APPROVAL A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO MOVE PUBLIC HEARING ITEM NO. B-2. TO THE BEGINNING OF THE AGENDA BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood NOES: None ABSENT: Dingwall ABSTAIN: None MOTION PASSED (03p=1028) PC Minutes October 28, 2003 Page 3 A MOTION WAS MADE BY DAVIS, SECONDED BY LIVENGOOD, TO MOVE PUBLIC HEARING ITEM NO. Ba TO FOLLOW PUBLIC HEARING ITEM NO. B-2. BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood NOES: None ABSENT: Dingwall ABSTAIN: None MOTION PASSED AGENDA ITEMS WILL BE LISTED IN THEIR ORIGINAL ORDER A. ORAL COMMUNICATIONS Menilee Madrigal, Huntington Beach, provided comments on communication dated October 27, 2003 relating to the Huntington Beach Riverside Park Proposal. She outlined specific concerns related to safety, access, flood management, water quality, ecosystem restoration, educational studies and a scenic, healthy riverside environment. Randy Fuhrman, Huntington Beach, spoke in opposition to Public Hearing Item No: B-3 and provided comments on variance and conditional use permit requests that result in non- conforming structures. He also voiced concerns about non -conforming structures that provide a negative impact to neighborhood character. Monica Hamilton, Huntington Beach, spoke in support of the public hearing process reform with increased public participation. She voiced concerns about the Commission discussing its Protocol during study session without it being formally agendized, and also alerted them to the audience's difficulty in hearing Commissioners speak in Conference Room No. B-8. Carole Garrett, Huntington Beach, requested continuance of Public Hearing Item No. B-3. B. PUBLIC HEARING ITEMS B-1 a. PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. WAREHOUSE/NORTHEAST CORNER OF BEACH BOULEVARD AND WARNER AVENUE): Applicant: Paul Rothenberg, Canyon Consulting. Request: EIR: An analysis of potential environmental impacts associated with a zoning map amendment request to change the zoning on the former Rancho View School from Public -Semipublic to General Commercial and a request for commercial development consisting of the redevelopment and intensification of a 25.6-acre site consisting of three areas (A, 61, and 132). The applicant proposes to develop a Lowe's Home Improvement Warehouse and a restaurant pad on the former Rancho View School site (Area A). Associated improvements include new parking, landscaping, and demolition of the former elementary school. The five Ocean View Little League baseball fields require relocation under the proposed plan. In addition, EIR No. 00-01 analyzes the potential future development and intensification of an adjacent 6.3-acre project site with commercial/retail, office, and restaurant uses located at the northeast comer of Beach Boulevard and Warner Avenue (Area 61). No development is proposed in Area 61 at (03p=1028) PC Minutes October 28, 2003 Page 4 this time. Also included in the project site is the Ocean View School District Bus Maintenance Facility (Area 132) located east of Rancho View School. No development is proposed in Area B2 at this time. Location: Bounded by Warner Avenue on the south, Beach Boulevard on the west, Roubidoux Drive on the north, and multi -housing units located just west of Minoru Lane on the east. The project does not include the existing Southern California Edison transfer station located at the northwest comer of B Street and Warner Avenue. Project Planner: Jane James, Senior Planner - B-1 b. STAFF RECOMMENDATION: Motion to "Certify Environmental Impact Report No. 00- 01 as adequate and complete in accordance with CEQA requirements by approving Resolution No. 1586." AVENUE): Applicant: Paul Rothenberg, Canyon Consulting. Request: ZMA: A request to change the zoning on the former. Rancho View School from Public -Semipublic to General Commercial. TPM: A subdivision map to consolidate multiple parcels on the former Rancho View School into four parcels for commercial development purposes. The map includes right of way dedications along Warner Avenue. CUP: To permit the construction of a 135,666 sq. ft. Lowe's Home Improvement Warehouse along with a 21,416 sq. ft. garden center and an 8,500 sq. ft. restaurant pad. The proposal includes a request for 19.5% of the total parking stalls as compact size. Location: Bounded by Warner Avenue on the, south, -Beach Boulevard on the west, Roubidoux. Drive on the north, and multi -housing units located just west of Minoru Lane on the east. The project does not include the existing Southern California Edison transfer station located at the northwest comer of B Street and Warner Avenue. Proiect Planner: Jane James, Senior Planner STAFF RECOMMENDATION: Motion to: A) "Approve Zoning Map Amendment No. 00-02, Tentative Parcel Map No. 2002-125, Conditional Use Permit No. 00-31 with recommended staff modifications, findings, and suggested conditions of approval;" B) "Approve CEQA Statement of Findings and Fact with a Statement of Overriding Considerations;" C) "Approve the Mitigation Monitoring and Reporting Program." Jane James, Senior Planner. made a presentation to the Commission. She identified late communication, directing the Commission's attention to a letter from the applicant dated October 27, 2003 regarding review of the suggested conditions of approval for the project, and also communication received from Commissioner Livengood with additional recommendations for conditions of approval. Commissioners made the following disclosures: ■ Commissioner Shomaker visited the project site ■ Commissioner Scandura visited the site and spoke with Oceanview School District (OVSD) representatives Barbara, Boskovich and James Tarwater, and City staff members from Administration, Community Services and Planning ■ Commissioner Thomas visited the site and spoke with Barbara Boskovich ■ Commissioner Ray visited the site, spoke with Paul Rothenberg (applicant) with Canyon Consulting, Barbara Boskovich and James Tarwater, and Jane James, Senior Planner - ■ Commissioner Davis spoke with Paul Rothenberg (03pcm1028) PC Minutes October 28, 2003 Page 5 ■ Commissioner Livengood visited the site and spoke with Paul Rothenberg, representatives from OVSD and certain City staff members THE PUBLIC HEARING WAS OPENED: Wayne Peterson, Wayne Peterson & Associates representing the applicant, spoke in support of the item and discussed the October 27, 2003 letter from Canyon Consulting regarding the applicant's review of the suggested conditions of approval. He informed the Commission that the applicant accepts 32 of the 42 proposed conditions, and described further the applicant's proposed modifications to the remaining 10 suggested conditions. Jane James, Senior Planner, responded to comments made by Mr. Peterson in an effort to clarify which conditions of approval needed to be discussed in order to arrive at a consensus between the applicant and staff. Ms. James also discussed Commissioner Livengood's recommended conditions related to CEQA Guidelines, FEMA requirements and other regulatory agencies. Barbara Boskovich, Ocean View School District, spoke in support of the item and discussed the timeline of the Park View School site relocation of the Ocean View Little League. She complimented City staff and addressed concerns by Park View School residents about on -street parking. Roger Larsen, Huntington Beach, spoke in opposition to the item. As a homeowner near the project, he voiced concerns related to noise and dust. He stated that mitigation measures for these concerns were not adequately addressed in the EIR and feels that the applicant should help mitigate these impacts. Jon Capristo, Huntington Beach, spoke in opposition to the item and provided thoughts on the projects benefits (neighborhood enhancement, employment and tax revenue), and negative impacts (traffic/vehicle emissions, devaluation of homes, and an unsightly, big -box retail near residential). He claims that at least 30 neighbors oppose the project. Frank H. Williams, Huntington Beach, spoke in opposition to the item and voiced concerns related increased health problems due to traffic, noise, and restricted on -shore airflow. He discussed the original deed to the Ocean View School district and urged the Commission to consider another location for this request. Mark Porter, Huntington Beach, spoke in support of the item. He discussed separate driveways related to the tentative parcel map, traffic on Warner Avenue, including a signal at Rotterdam, and traffic signal synchronization with Beach Blvd. traffic. He also suggested that the applicant pay special interest to the back of the development as a good faith gesture to adjacent neighbors. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Questions/comments on Item No. B-1 a (Environmental Impact Report No. 00-01) included: ■ Bob Stachelski, City Traffic Engineer, provided information related to the City's Traffic Impact Fee Program, synchronization of five related intersections, funding (03P=1028) PC Minutes October 28, 2003 Page 6 available through the Orange County Transportation Authority (OCTA), and possible mitigation measures ■ Explanation of the project's waste management program, including a recycling program for packaging material ■ Dave Dominguez, Community Services, discussed shared parking coordination including the total number of existing and proposed spaces and staggered hours of operation at Park View School. ■ Comments provided by Barbara Boskovich, OVSD, regarding the Districts efforts to improve the area, not change it ■ General Plan consistency (explained by staff as a cohesive development with traffic connection between sites) ■ Discussion of °B° Street vacation (City will not pursue at this time) The Commission discussed modifying the conditions of approval for Item No. B-1 b (Zoning Map Amendment No. 00-02rrentative Tract Map No. 2002-125/Conditional Use Permit No. 00-31) by straw vote action. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO CERTIFY ENVIRONMENTAL IMPACT REPORT NO.00-01 AS ADEQUATE AND COMPLETE IN ACCORDANCE WITH CEQA REQUIREMENTS BY -THE FOLLOWING VOTE: AYES; Thomas, Scandura, Ray, Davis, Shomaker, Livengood NOES: None ABSENT: Dingwall ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO ACCEPT THE APPLICANT'S PROPOSED CONDITION NOS. IF, 1K, 1M AND 6A; 613 AS MODIFIED BY STAFF; STAFF'S PROPOSED CONDITION NO.6; AND, COMMISSIONER LIVENGOOD'S SUGGESTED CONDITION NO. A, ALL IDENTIFIED DURING LATE COMMUNICATION, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood NOES: None ABSENT: Dingwall ABSTAIN: None MOTION PASSED Discussion ensued regarding the applicant's request to delete or modify condition 1d relating to building rooflines, including cost for redesign and color modification. Staff recommended that the current condition remain in order to remain consistent with the City's Urban Design Guidelines. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD ACCEPT THE APPLICANT'S PROPOSED CONDITION NOAD IDENTIFIED DURING LATE COMMUNICATION. WITH NO SECOND, THE MOTION FAILED. (03p=1028) PC Minutes October 28, 2003 Page 7 A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY SCANDURA, TO ACCEPT STAFF'S PROPOSED CONDITION NO.1D IDENTIFIED DURING LATE COMMUNICATION, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker NOES: Livengood ABSENT: Dingwall ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO ACCEPT THE APPLICANT'S PROPOSED CONDITION NO. IQ IDENTIFIED DURING LATE COMMUNICATION, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood NOES: None ABSENT: Dingwall ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHOMAKER TO APPROVE: ZONING MAP AMENDMENT NO.00-02 AND FORWARD TO THE CITY COUNCIL FOR FINAL CONSIDERATION; TENTATIVE PARCEL MAP NO.2002-125 AND CONDITIONAL USE PERMIT NO.00-31 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL; CEQA STATEMENT OF FINDINGS AND FACT WITH A STATEMENT OF OVERRIDING CONSIDERATIONS; AND, THE MITIGATION MONITORING AND REPORTING PROGRAM BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood NOES: None ABSENT: Dingwall ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO.00-02: 1. Zoning Map Amendment No. 00-02 to change the zoning on a 17.4 acre parcel from PS (Public -Semipublic) to CG (General Commercial) is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The zoning map amendment will enable the property owner and applicant to carry out policies and objectives stated in the Economic Development Element of the General Plan and meet City Council objectives to promote economic development as stated in City Council resolution No. 96-57. 2. In the case of a general land use provision, the zoning map amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. The proposed development project has demonstrated an ability to comply with the use provisions and development standards contained in the requested General Commercial zoning district. (03p=1028) PC Minutes October 28, 2003 Page 8 3. A community need is demonstrated for the change proposed. • The zoning map amendment to General Commercial furthers the goals and policies of General Plan Subarea 613 and will likely foster a cohesive commercial development between the school site and Beach Boulevard as envisioned in the General Plan. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The subject site is currently a large underutilized property located on a major arterial. The General Commercial zoning designation is the appropriate zoning for the site generally because of its size, location, and existing buffers, which serve to separate commercial development from residential uses. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO.2002-125: Tentative Parcel Map No. 2002-125 for the subdivision of 17.4 acres into four general commercial lots, minimum 1.2 acres in size access to a public street either by direct frontage or irrevocable access agreement is consistent with the General Plan Land Use Element designation of MV-F10-d-a (Mixed Use -Vertical Integration of Housing-1.5 Floor Area Ratio - Design Overlay -Auto District Overlay) on the subject property, or any applicable specific plan, or other applicable provisions of this Code because the subdivision will provide a consolidated development consistent with the design concept envisioned by the General Plan and Urban Design Guidelines.: 2. - The site is physically. suitable for the type and density of development. The 17.4 acre project site is generally flat, rectangular, and provides the necessary area for development by consolidating multiple parcels consistent with the intensity and density of the General Plan Land Use designation and the proposed General Commercial zoning district. With the implementation of mitigation, measures as described in EIR No. 00-01, the site is suitable for development. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Notwithstanding the foregoing, the Planning Commission may approve such a tentative map if an environmental impact report was prepared with respect to the project and a finding was made that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The tentative map provides all the necessary easements and access requirements of the City for the public and provides the necessary public improvements. The improvements include dedications, curbs, gutters, sidewalks, streets, and easements with reciprocal access between properties to adequately serve the site and adjacent properties. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.00-31: 1. Conditional Use Permit No. 00-31 for the establishment, maintenance and operation of an approximate 135,666 square foot Lowe's Home Improvement Warehouse with a 24,416 sq. (03p=1028) PC Minutes October 28, 2003 Page 9 ft. garden center, an approximate 8,500 sq. ft. restaurant pad, to allow 19.5% (126 spaces) of the 647 total parking spaces on the Lowe's site as compact in size, and to allow designated areas for permanent outdoor display of merchandise 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 project has been evaluated for compatibility with the surrounding neighborhood and with the conditions of approval imposed, the project will be designed to address separation to adjacent properties, provides adequate setbacks, does not exceed building height, provides code required landscaping, provides the required parking to serve the uses on site, and meets the goats and policies of the General Plan. In addition, the provision of compact parking spaces provides an efficient use of the parking lot, maximizes the total number of parking spaces and provides an efficient layout of the parking design. 2. The conditional use permit will be compatible with surrounding uses because residential uses are adequately buffered from the commercial development, noise impacts are mitigated through design improvements, delivery hours are restricted to daytime only, and Ocean View School District buses, Lowe's delivery vehicles, and customers can safely utilize the main driveway entrance from Warner Avenue. 3. The proposed request to construct an approximate 135,666 square foot Lowe's Home Improvement Warehouse with a 24,416 sq. ft. garden center, to allow 19.5% (126 spaces) of the 647 total parking spaces on the Lowe's site as compact in size, to allow areas for permanent outdoor display of merchandise, and to construct an 8,500 sq. ft. restaurant pad, 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. The proposed development plan complies with the zoning development standards and land use provisions contained in the General Commercial zoning district by providing code required minimum setbacks, minimum landscaping, minimum parking, maximum building height, and maximum floor area ratio. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of MV-F10-d-a (Mixed Use -Vertical Integration of Housing-1.5 Floor Area Ratio -Design Overlay -Auto District Overlay on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Goal 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. Goal LU 2: Ensure that development is adequately served by transportation, infrastructure, utility infrastructure, and public services adequately serve development. Goal LU 4: Achieve and maintain high quality architecture, landscape, and public open spaces in the City. Goal LU 5. Ensure that significant environmental habitats and resources are maintained. Goal LU 10: Achieve the development of a range of commercial uses. (03p=1028) PC Minutes October 28, 2003 Page 10 Obiective LU 10.1.3: Require the incorporation of facilities to promote the use of public transit, such as bus turnouts and drop-offs where appropriate. Policy LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy LU 10. 1.5: Require that buildings, parking, and vehicular access be sited and designed to prevent adverse impacts on adjacent residential neighborhoods. Policy LU 10.1.6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy LU 10.1.11: Promote the introduction of a diversity of uses in general commercial centers, particularly those containing anchor grocery stores that improve their relationship with surrounding residential neighborhoods. Policy LU 10.1.12: Require that Commercial General uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including the consideration of. ■ Incorporation of site landscape, particularly along street frontages and in parking lots; ■ Linkage of buildings by common architectural design, landscape and pedestrian systems, to avoid the appearance of independent freestanding structures surrounded by parking; ■ Siting and design of structures to facilitate and encourage pedestrian activity; - Siting of one or more buildings in proximity to the street frontage to convey a visual relationship to the street and sidewalks; ■ Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations; and ■ Inclusion of consistent signage designed and integrated into the building's architectural character. Goal LU 11: Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. Policy LU 7.1.6: Accommodate the development of additional jobs -generating land uses that improve the 1992 jobs -to -housing ratio of 0.82 to 1.0 or greater, to meet objectives of the Regional Comprehensive Plan (Southern California Association of Governments) and Air Quality Management Plan. These should capitalize upon existing industrial strengths emphasizing the clustering of similar or complementary industries. Policy LU 13.1.7: The type, intensity and density for reuse and/or development of surplus school sites shall be determined by the following: ■ Compatibility with the type and character of adjacent uses; integration with adjacent commercial uses through the use of such amenities as common automobile access and reciprocal access agreements, consistent architectural treatment and pedestrian connections; • The land use designations and policies for surrounding properties as defined by this plan; ■ Formulation and approval of an appropriate site plan; (03p=1028) PC Minutes October 28, 2003 Page 11 ■ Working with residents of surrounding neighborhoods in the formulation of a reuse plan; and ■ The utilization of appropriate design features, such as, but not limited to: — The maintenance of active, usable open space for use by the surrounding neighborhood. — The provision of buffering, such as open space areas or landscaping between new development and existing development. — Compliance with the applicable Design and Development Standards specific in the City's General Plan. The home improvement warehouse, restaurant use, and future potential development of retail, restaurant, and office uses represent development, which would support the needs and reflect market demand of City residents and visitors. The proposed development improves the project site, much of which is currently underutilized vacant school buildings, and provides additional destination uses that would attract and complement existing retail and restaurant uses along Beach Boulevard and Warner Avenue. In addition, the proposed project would help the City to achieve its goal of enhancing the community image of Huntington Beach through the design and construction of a high -quality, state-of-the-art development; impacts to the surrounding area are mitigated to the greatest extent possible, while still allowing for the market -driven commercial development. The design of the project promotes development of commercial buildings that convey a unified, high -quality visual image and character that are intended to expand the existing commercial pattern along Beach Boulevard and Warner Avenue. The proposed project utilizes retail uses in accordance with the patterns and distribution of use and density within the Land Use Plan Map of the City of Huntington Beach General Plan. The City's Design Review Board has reviewed the proposed architecture, colors, and materials and recommends preliminary approval of the design concept. The proposed project would develop a mix of commercial uses on parcels contiguous to similar uses in an established, urban area. Public services are currently available to the project site, as well as the surrounding parcels, and the project includes improvements to existing infrastructure to ensure adequate service after project implementation. Development of the commercial retail and restaurant uses will generate jobs for the community without substantially increasing the need for housing as most employees will come from the local area rather than from a regional perspective. Future development in Area 61 may potentially result in the loss of nine legal non -conforming residential units, however, loss of the units does not result in a substantial impact to the overall housing stock and conditions of approval require relocation assistance to those residents of low or moderate income. With the recommended conditions of approval the design of the project meets the objectives of the Urban Design Element. For example, reuse plans for the surplus school site account for the type and character of adjacent commercial and residential uses. Additionally, the recommended conditions of approval encourage integrated development between the school site and Beach Boulevard as noted in General Plan Subarea 6B. Also, the surrounding property owners and residents have participated in several workshops regarding the adequacy of environmental documentation. The primary user, Ocean View Little League will be relocated to a new site and the project incorporates adequate buffering between adjacent uses. (03pan1028) PC Minutes October 28, 2003 Page 12 B. Economic Development Element Goal ED 1: Provide economic opportunities for present and future Huntington Beach residents and businesses through employment and local fiscal stability. Goal ED 2: Aggressively retain and enhance the existing commercial, industrial, and visitor - serving uses while attracting new uses to Huntington Beach. Goal ED 3: Enhance Huntington Beach's economic development potential through strategic land use planning and sound urban design practices. The proposed project promotes development in accordance with Huntington Beach's Economic Development Element, as -a home improvement warehouse, restaurant, and future retail, dining, and office development will broaden and stabilize the City's economic base. New employment opportunities will be created both in the construction of the proposed development and in the long-term operations of the retail and restaurant establishments. Commercial development of this underutilized property will encourage future development to expand westerly to Beach Boulevard as noted in General Plan Subarea 6B. New construction at the former school site will likely spur rejuvenation of adjacent underutilized parcels in the future. State of the art, high -quality architecture and site design will enhance the long-term economic success of the proposed development and will further enhance Huntington Beach's economic prospects. C. Circulation Element oal CE 1: Provide a balanced transportation system that supports the policies of the General Plan and facilitates the safe and efficient movement of people and goods throughout the City while providing a balance between economic development and the preservation of residential neighborhoods, and minimizing environmental impacts. Goal CE 2: Provide a circulation system which supports existing, approved, and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections. Policy CE 2.1.1: Maintain a city-wide level of service (LOS) not to exceed LOS "D° for intersections during the peak hours. Policy CE 2.1.2: Maintain a city-wide level of service (LOS) not to exceed LOS "C" for daily traffic, with the exception of Pack Coast Highway south of Brookhurst Street. Policy CE 2. 1. Identify and improve roadways and intersections that are approaching, or have reached, unacceptable levels of service. Goal CE 4: Encourage and develop a transportation demand management (TDM) system to assist in mitigating traffic impacts and in maintaining a desired level of service on the circulation system. Goal CE 5: Provide sufficient, well -designed, and convenient on- and off-street parking facilities throughout the City. Goal CE 7. Maintain and enhance the visual quality and scenic views along designated corridors. (03p=1028) PC Minutes October 28, 2003 Page 13 A traffic impact analysis has been completed by a traffic engineering firm to ensure a balanced transportation system that adequately mitigates the project's potential traffic impacts while still allowing for commercial development to be achieved. The developer will be required to contribute a fair -share payment toward traffic system improvements to mitigate the project's proportionate impacts to certain intersections and roadways. Through the recommended conditions of approval, the project will be required to incorporate alternative modes of transportation through implementation of the Transportation Demand Management ordinance. Preferentially located carpool parking spaces have been demonstrated on the site plan and other amenities, such as, employee lockers and showers, carpool information programs, and bike racks will be included in the overall design of the home improvement warehouse to reduce vehicular trips to the site. The well -designed parking facilities include compact spaces around the perimeter of the site, access between both proposed parcels without reentering the public street system, reciprocal driveways between uses, parking lot tree wells, and perimeter landscaping to enhance the view of the parking area from the surrounding street system. CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO.2002-125: 1. The tentative parcel map for the subdivision of 17.4 acres into four general commercial lots, minimum 1.2 acres in size, with access to a public street either by direct frontage or irrevocable access agreement, received and dated September 5, 2003 shall be the approved layout, except the property line at the proposed main driveway shall be revised to include the proposed curb ramp areas. 2. The developer shall enter into a Special Utility Easement Agreement with the City of Huntington Beach, relieving the City of financial responsibility for replacing and restoring any enhanced surface treatment resulting from the City's operation, maintenance, repair and replacement of the public water system facilities and appurtenances within the water line easement. (PW) 3. Prior to issuance of a grading permit the following shall be completed: a. A focused Acoustical Analysis shall be performed on Alternate Site Design B analyzing potential noise sources and recommending noise attenuation measures, if necessary, to ensure compliance with external noise levels as required by Chapter 8.40 of the Huntington Beach Municipal Code. The Acoustical Analysis shall be at the direction of the Planning Department and at the developer's expense. b. The following shall be shown on the grading plan: i) Final grades and elevations on the grading plan shall not vary by more than one foot from the grades and elevations as shown on the approved site plan. (PW) ii) Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). Applicant shall provide a consulting arborist report on all the existing trees. Said report shall quantify, identify, size and analyze the health of the existing trees. The report shall also recommend how the existing trees that are to remain (if any) shall be protected and how far construction/grading shall be kept from the trunk. (PW) (03p=1028) PC Minutes October 28, 2003 Page 14 4. Prior to issuance of building permits, the following conditions shall be completed: a. The developer shall prepare preliminary improvement plans and construction cost estimates for the following off -site mitigation measures to provide the basis for the determining fair share cost contributions: i. Heil/Beach — construction of second northbound and southbound left turn lanes; construction of a second westbound through lane (combination through/right) replacing the westbound right turn lane on the near side of the intersection (PW) ii. Warner/Magnolia — construction of a second northbound left turn lane (PW) iii. Warner/Beach — construction of a northbound right turn lane (PW) iv. Warner/Newland — construction of a southbound right turn lane (PW) b. The developer shall contribute a fair share cost for each of the off -site traffic mitigation measures based on the cost allocations identified in the approved supplement to traffic impact study. Some or -all of the fair share contribution for individual measures may be satisfied through the payment of the project traffic impact fee in accordance with the Fair Share Traffic Impact Fee ordinance. A precise determination of the amounts and . methods of satisfying the requirement will be determined following completion of the preliminary cost estimates for the improvements. (PW) . - 5. The Departments of Planning, Public Works and Fire are responsible for compliance with all conditions of approval herein as noted after each condition. The Planning Director and Public Works Director shall be notified in writing if any changes to the parcel map are proposed as a result of the plan check process. Permits shall not be issued until the Planning Director and Public Works Director have 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's may be required pursuant to the HBZSO. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.00-31: 1. The site plan, floor plans and elevations received and dated'September 5, 2003 shall be the conceptually approved layout with the following modifications: a. Elevations shall be revised for consistency with plans and elevations approved by the Design Review Board on July 25, 2002 and maintained in case file DRB No. 00-24 as Exhibit "K. In addition, DRB conditions'of approval are as follows: i. Landscaping adjacent to the Lowe's building shall be revised so that the proposed wainscoting is not completely covered by landscaping materials. Vines shall be provided in some select areas along the building frontage and final planting design shall be subject to approval of the City's Landscape Architect. ii. The proposed tower at the customer loading/indoor lumber yard shall be revised to be architecturally weightier and more proportionate to the overall building size, particularly when viewed from the side angle. From the side view, the tower should be expanded and visually anchored at least one-half way back to the main building. Final design shall be subject to approval of Planning staff. (03p=1028) PC Minutes October 28, 2003 Page 15 iii. The gray and blue tone color scheme shall be the recommended colors for the Lowe's structure. However, the colors on all materials shall be revised to provide more contrast. For example, the proposed dark colors shall be darker and the light colors shall be lighter. The final color scheme shall be subject to approval by Planning staff. b. The delivery door on the west side of the proposed building shall be moved north on the wall such that delivery operations for lumber in that area do not impact apparatus access requirements. c. The site plan shall be revised to indicate that outdoor merchandise sales events within the parking lot shall be limited to a maximum of eight events per calendar year. Seven of the events shall be limited to a maximum 96-hour duration and duration of the eighth event (Christmas Tree sales) shall be in accordance with the Huntington Beach Zoning and Subdivision Ordinance Code requirements. Temporary use permits are not required for parking lot sales events. Consistent with this requirement, Lowe's shall submit a list of events and dates indicating the duration of events to the Planning Department on an annual basis. d. Elevations shall be revised to incorporate multiple roof planes and/or a variety of roof slopes to reduce the overall mass and bulk of the building and comply with the Urban Design Guidelines. e. Revise the site plan to incorporate decorative paving within the five foot sidewalk adjacent to the outdoor merchandise display at the building base. f. Revise the site plan to incorporate textured paving or banding to identify the outdoor display areas in a manner consistent with the project hardscape. g. Eliminate building materials, such as, sheetrock, roofing materials, bulk lumber, and bagged landscape items from the outdoor merchandise display areas adjacent to the wood trellis and the garden center. h. Revise the site plan to replace tubular fencing proposed on the north and east property lines with solid masonry block wall with decorative pilasters every 50 feet, except tubular fencing may remain between the Lowe's building and the north property line. i. Redesign the cart corrals to consist only of a small depression in the parking lot to contain the carts, a low curb, and a low profile "Cart Return" sign. j. Revise the site plan to relocate the majority of the cart return areas further north in the parking lot. k. Revise the sound wall along the westerly property line in a manner meeting the approval of the Planning Department. I. Revise the site plan to incorporate diamond shaped tree wells and decorative paving within the pedestrian link from Warner Avenue to Lowe's main entrance. m. Revise the rear (north) elevations to incorporate additional architectural design and treatment to minimize the flat, undifferentiated expanse of wall subject to approval of the Planning Department. (03pam1028) PC Minutes October 28, 2003 Page 16 n. Revise the site plan to depict compact parking stalls with a full paved 17 foot depth and no landscape overhang. o. Incorporate -an electric vehicle charging station within the parking lot. p. Incorporate a Public Art element into the proposed project. Public Art shall include art that is: i. Innovative, original, and of artistic excellence; ii. Appropriate to the design of the project; and, iii.. Reflective of the community's cultural identity (ecology, history, or society) q. Landscaping plans shall include a budget for trees along the rear property line with minimal budget spent on ground cover in this area. -The proposed tree species shall be subject approval by the City Landscape Architect and the project arborist. Landscaping plans shall also depict substantial ground cover or shrubs to be shall be planted in all planter areas without relying heavily on wood/bark chips for coverage. Potted plants with automatic irrigation shall be included across the building frontage and/or landscape planters should be planned in strategic areas along the building base. Landscaping plans shall be coordinated with lighting plans so that dense trees do not reduce the effectiveness of parking lot lights and do not create.shadows on vehicles. 2. Construction vehicles will not.be allowed to take access from Roubidoux Drive and B Street. All access shall be taken from Warner Avenue. (PW) 3. Prior to submittal for building permits, the applicant shall submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department and submit 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials sample board, and massing model to the Planning Department for inclusion in the entitlement file. 4. Prior to issuance of building permits, the following shall be completed: a. The final parcel map shall be recorded with the County of Orange. (PW) b. An "Acceptance of Conditions" form shall be properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Department for inclusion in the entitlement file. Conditions of approval shall remain in effect in the recorded form in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. c. The Public Art element shall be approved by the Design Review Board. 5. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released for commencement of use and issuance of a Certificate of Occupancy until compliance with all conditions of approval specified herein are accomplished and verified by the Planning Department. (03p=1028) PC Minutes October 28, 2003 Page 17 6. The use shall comply with the following: a. Delivery hours shall be limited to Monday — Saturday from 7:00 AM to 8:00 PM and Sunday from 8:00 AM to 4:00 PM. b. Nighttime stocking shall be limited to interior store operations only and shall not include re -merchandising at the outdoor garden center, exterior lumber activities, customer pick- up, or seasonal merchandise display areas. c. Customer store hours shall be limited to Monday — Saturday from 6:00 AM to 10:00 PM and Sunday from 8:00 AM to 8:00 PM. d. Parking lot lights shall be automatically dimmed to minimal security level lighting one hour after closing. e. The Lowe's Home Improvement Warehouse shall be designated as a single user with a maximum of 10% of the gross building floor area devoted to an ancillary retail tenant. f. Any re -use of the site or request for future demising walls within the Lowe's Home Improvement Warehouse building shall require approval of a conditional use permit by the Planning Commission. 7. Future design and elevations of the restaurant pad and Parcel 3 shall be architecturally compatible to Lowe's Home Improvement Warehouse design and elevations including architectural details, colors, materials, -and landscaping. The building design, colors, materials, and landscaping shall be subject to review and approval by the Design Review Board prior to issuance of grading permits for any pad site. 8. Depending on the uses proposed, the restaurant pad and Parcel 3 may be subject to separate entitlement prior to issuance of grading permits for the pad site. Construction of the restaurant pad building shall not result in any loss of landscaping as shown on the September 5, 2003 site plan and a maximum 8,500 square foot building shall be constructed. 9. This Conditional Use Permit No. 00-31 shall not become effective until Zoning Map Amendment N o. 00-02 has been approved by the City Council and is in effect. 10. The Mitigation Monitoring Program detailed in Volume IV, Response to Comments/Final Environmental Impact Report No. 00-01, Section VI, Table VIA shall be adhered to. B-2. CONDITIONAL USE PERMIT NO. 03-19 (CALVARY CHAPEL: Applicant: Calvary Chapel Huntington Beach Request: To permit an assembly use, including ancillary uses such as instruction, daycare, a bookstore, and cafe within an existing 49,600 square foot commercial building. The request includes joint use parking on the abutting NuVision Financial property based on divergent hours of operation between the assembly use and office use. Location: South side of Edinger Avenue, west of Parkside Lane Project Planner: Paul Da Veiga, Associate Planner STAFF RECOMMENDATION: Motion to: "Continue Conditional Use Permit No. 03-19 to a date uncertain with re -notification of the public hearing." (03pcm1028) PG Minutes October 28, 2003 Page 18 A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO CONTINUE CONDITIONAL USE PERMIT NO.03-19 (CALVARY CHAPEL) TO A DATE UNCERTAIN BY THE FOLLOWING VOTE: «1 AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood NOES: None ABSENT: Dingwall ABSTAIN: None MOTION PASSED VARIANCE NO. 03-08 (LEWIS RESIDENCE): Applicant: Michael Mehalick Request: CDP: To construct a second and third floor addition to an existing single-family dwelling totaling approximately 4,311 sq. ft., including a 121 sq. ft. third story deck. CUP: To (a) construct 1,414 sq. ft. of habitable floor area and 121 sq. ft. of deck area above the second -story top plate line, and (b) construct the addition at a height greater than 30'-0". VAR: To construct a portion of third floor habitable space not designed within the confines of the roof volume. Location: 16472 Malden Circle (north side of Malden, west of Gilbert Street). Protect Planner: Rami Talleh, Assistant Planner - - STAFF RECOMMENDATION: Motion to: A."Deny Coastal Development Permit No. 02-22, Conditional Use Permit No.-01-40; and Variance No. 03-08 with findings." A MOTION WAS MADE BY SCANDURA, SECONDED BY RAY, TO CONTINUE COASTAL DEVELOPMENT PERMIT NO.02-22, CONDITIONAL USE PERMIT NO. 01-40 AND VARIANCE NO.03-08 (LEWIS RESIDENCE) TO NOVEMNBER 12, 2003 BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood NOES: None ABSENT: Dingwall. ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR — None scheduled. D. NON-PUBLIC HEARING ITEMS - None scheduled. E. PLANNING COMMISSION ITEMS - E-1. PLANNING COMMISSION REQUEST ITEMS A) Update on activities at Hiro's Nursery (CUP No. 90-56/CUP No. 96-45) PROVIDED DURING STUDY SESSION - CONTINUE TO MONITOR B) Update on soil remediation at 31 Acres site (Pacific City) PROVIDED DURING STUDY SESSION - CONTINUE TO MONITOR (03pan1028) PC Minutes October 28, 2003 Page 19 E-2. PLANNING COMMISSION COMMITTEE REPORTS E-3. PLANNING COMMISSION COMMENTS Commissioner Thomas — informed the Commission that she would not be present at the November 12, 2003 meeting. Commissioner Scandura — reminded viewers that an EIR public comments period is available for those who are interested in providing feedback or voicing concerns on proposed projects. He also discussed the importance of traffic signal synchronization and recycling waste. Commissioner Ray — advised those wishing to submit a petition on any particular matter to make sure it is received by the Commission as early as possible. He also stated that EIR analysis should be limited to the proposed project area alone. Commissioner Davis — thanked those who were involved in the Lowe's Home Improvement Warehouse entitlement process. Commissioner Shomaker — asked when the new Sports Complex is scheduled to open. Staff replied spring of 2004. Commissioner Livengood — thanked those who were involved in the Lowe's Home Improvement Warehouse entitlement process. E-4. DISCUSSION ITEMS FOR FUTURE MEETINGS - None scheduled. F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING— Scott Hess, Planning Manager, reported that no Planning Department items were heard before the City Council on October 20, 2003. F-2. CITY COUNCIL ITEMS FOR NEXT MEETING Scott Hess, Planning Manager — reported on the Planning Department items that will be heard before the City Council on November 3 and November 17, 2003. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner — reported on items scheduled for public hearing on Wednesday, November 12, 2003. (03pan1028) PC Minutes October 28, 2003 Page 20 ADJOURNMENT: Adjourned at 9:46 p.m. to the next regularly scheduled Planning Commission meeting of Wednesday, November 12, 2003. HZ:HF:d APPRQ ED BY: 1 Ho and Zelefsky, Secretary Ron Davis, Chair (03p=1028)