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Home My WebLink About2003-12-09MINUTES HUNTINGTON BEACH PLANNING COMMISSION = TUESDAY,-DECEMBER 9;,2003 HUNTINGTON BEACH CIVIC CENTER 2000-MAIN STREET, HUNTINGTON BEACH, CALIFORNIA •92648 6:16 P.M. - ROOM B-8 — CITY HALL LOWER LEVEL CALL PLANNING COMMISSION MEETING TO ORDER P P A; P- P P- P ROLL CALL Thomas,-Scandura, Ray, Davis, Shomaker, Dingwall, Livengood Commissioner Ray arrived at 5:25 p.m. AGENDA APPROVAL - — Chair Ron On behalf of the Commission, Chair Davis presented to Planning Department staff a plaque expressing appreciation of service. A. STUDY SESSION ITEMS 1. FIRE DEPARTMENT CITY SPECIFICATIONS — Chuck Burney " Division ChieflFire Marshal Chuck" Burney introduced Eric Engberg as:the new Fire Department L_'iaison'to the Comm_ fission. ' Eric will replace Division"Chief Burney who is scheduled to retire from the City on December 29;•2003. Division Chief Bumey'presented an outline including the history, purpose and scope of the City's Fire Specifications adopted irf 1971. 'He'stated that City staff is in the process of formatting specifications for the City's website. He provided information on the following: ■ City Specification No. 400 - Signature Requirements for City specifications and Code Interpretations (examples included local requirement adoption, methane protection systems, code interpretations, streets and access ways) � - - ■ City Specification No. 401.1 thru 401.6 — Minimum Standards for Fire Apparatus Access ■ City Specification No. 409 — Street Naming and Address Process/Public or Private (including private street compliance with current fire codes, public notification, insurance rates, rename fees) t Citj Specification No.-424 Minimum Requireients for Portable Fire Extinguishers = - City Specification No. 431-92 -- Soil'Clean Up Standards (soil reports availability to the public; reviewed by City, Consultants, outside research; how standards change over time) The Commission requested a "glossary of terms° from the Fire Department. Eric Engberg agreed to provide to the Commission. (03p=1209) PC Minutes December 9, 2003 Page 2 The Commission informed staff that the numbering system on buildings along Beach Blvd. lacks consistency, including contrast, size -and visibility. The Commission suggested that staff gather and review ordinance/code information in order to standardize the numbering system- for commercial buildings. - Discussion continued regarding the types of maps used by the Fire Department when responding to a call for emergency assistance. 2. PACIFIC CITY CUP/EIR UPDATE — Mary Beth Broeren/Scott Hess Principal Planner Mary Beth Broeren informed the Commission that the Environmental Impact Report public comment period closed on December 3, 2003, and that the City received 17 comment letters. She also stated that the first public hearing on the project is tentatively scheduled for February 24, 2004. Planning Manager Scott Hess updated the Commission on site plan and elevations modifications, and informed them of the Design Review Board's favorable recommendation, including Subarea D. . -I - .. . . 3. DISCUSSION AND ADOPTION OF REMAINING PROTOCOL (ITEM NOS. 19,20,17) — Ron Davis Discussion ensued regarding defining rules and protocol, "Robert's Rules of Order„ and Planning Commission By Law precedence and first amendment rights. Language modification was discussed for suggested Rule No. 19. 1 A MOTION WAS MADE BY LIVENGOOD, SECONDED BY DAVIS, TO ADOPT RULE NO.19 AS REVISED TO READ "While Commissioners may encourage the general public to appear at any Planning Commission hearing or meeting to express their views, Commissioners shall not, directly or indirectly, encourage any members of the public. to attend any meeting to advocate a particular position, imagined or real, on any agendized item to be voted on by. the Planning Commission" BY THE FOLLOWING VOTE:'- - AYES: Thomas, Scandura, Davis, Shomaker, Livengood NOES: Ray, Dingwall ABSENT: - - None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY RAY, SECONDED BY DINGWALL, .TO ADOPT RULE NO. 20 AS REVISED TO READ "At any, public meeting of the Planning Commission, Commissioners shall not characterize any individual or entity's position on any issue unless the individual or entity's position is contained in writing, or without first -asking the individual or entity, at_ that meeting, their position on the subject in question" BY THE FOLLOWING VOTE: (03p=1209) PC Minutes December 9, 2003 Page 3 AYES: Thomas, Scandura,.Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: - - . None ABSTAIN: - " None MOTION PASSED Discussion ensued regarding Rule No. 27 and adding language that calls for a majority vote of the Planning Commission prior to any Planning Commission Member publicly speaking before the City Council,, Planning Commission or, other legislative bodies:. - A MOTION WAS MADE BY DINGWALL TO ADOPT RULE NO. 27 AS REVISEDTO INCLUDE ADDING LANGUAGE THAT CALLS FOR A MAJORITY VOTE RELATING TO PUBLIC SPEAKING: - - ; WITH NO SECOND, THE MOTION FAILED. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA,- TO ADOPT RULE NO. 27 AS REVISED TO READ 'When speaking(presenting before the City Council, Planning Commission, or other'legislative bodies at a public meeting, Commission Members shall clearly and afiFrmadvely indicate that they are not speaking on behalf of the Planning Commission; or- in the capacity of a Planning Commissioner, unless -authorized to do so, and shall indicate their representative `capacity at the beginning ' -of the - statement (e.g., a home owner or business owner, or as,a private -citizen)" BY THE FOLLOWING VOTE:-: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Livengood NOES: Dingwall = ABSENT: None ; ABSTAIN: None MOTION PASSED - 4. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — Herb Fauland Mr. Fauland reviewed agenda items for the-7:00. p.m. portion of the,regularly scheduled, _ meeting. - - _ - - B. PLANNING COMMISSION COMMITTEE REPORTS -None reported. C. PENDING ITEMS UPDATE _ = 1. Update on activities at Hiro's Nursery (CUP No. 90-56/CUP No.,96-45), Staff_reportedthat no new information was available on the.item.: 2. Update on soil remediation at 31 Acres site"(Pacific City),, Division Chief/Fire Marshall Bumey reported that staff is in the process of reviewing the correspondence from Chevron discussed at the November 12, 2003 Planning Commission meeting. (03p=1209) PC Minutes December 9, 2003 Page 4 PUBLIC COMMENTS Regarding Study Session portion of Meeting Mike Churchin, Pacific City Coalition, provided comments on Study Session Item No: A-2 (Pacific City EIR). He voiced concerns regarding soil conditions and discussed investigation of Area D, including groundwater testing. He also stated that tank types and locations were incorrectly identified, and questioned whether or not the Mayer Corporation was in noncompliance. Merrilee Madrigal, Huntington Beach, provided comments on Study Session Item No.-C-1 (Hiro's Nursery). She discussed landfill violations and enforcement of Condition Use Permit 96- 45 and Negative Declaration 90-57. She voiced concerns related to the earth and water core, negative environmental impacts, and inadequate storm drains. _. Mark Bixby, Huntington Beach, provided comments on Study Session Item No..C-1- (Hiro's Nursery). He voiced concerns related to wetland species and vegetation identification. He also stated that the 1990 Negative Declaration prohibits destruction of vegetation.. . - . 7:00 P.M. RECESS 7:05 P.M. — COUNCIL- CHAMBERS PLEDGE OF ALLEGIANCE CALL PLANNING COMMISSION MEETING TO ORDER P P. P -.P P P P ROLL CALL Thomas, Scandura, Ray, Davis, Shomaker, Dingwall,-Livengood AGENDA APPROVAL PRESENTATION BY THE PLANNING COMMISSION IN APPRECIATION OF PLANNING DEPARTMENT STAFF — Chair Ron Davis Chair Davis made a presentation to Planning Department staff in appreciation of their hard work. — Chair Ron Davis Chair Davis made a presentation to retiring Division Chief/Fire Marshall Burney in appreciation for years of service to the City, and for his direct assistance to the Planning Commission. - A. ORAL COMMUNICATIONS — None. B. PUBLIC HEARING ITEMS B-1. PUBLIC HEARING TO BE OPENED: ANNUAL REVIEW OF THE HOLLY - Applicant: City of Huntington Beach Request: Annual review of the Holly- - Seacliff Development Agreement Compliance Report. Location: Approximately 490 acres located between Ellis Avenue on•the north, Huntington Street on the east, Edwards Street on the west, and the Seacliff Golf Course "on the South. Project Planner: Mary Beth Broeren (03p=1209) PC Minutes December 9, 2003 _ Page 5 RECOMMENDATION: Motion to: "Determine that the Developer.is in - compliance with the Holly Seacli f Development Agreement, approve the 2003 Compliance Report and forward to the City Council for review and- acceptance." Mary Beth Broeren; Principal Planner, made a brief presentation to the_, - = Commission: : Commission Thomas excused herself from action on the item due to a potential conflict of interest. • � ; = The Commission made no other disclosure statements.:. THE PUBLIC HEARING WAS OPENED: Bill Holman, applicant with PLC Land Company, was available to answer questions from the Commission: WITH NO ONE ELSE PRESENT TO SPEAK. THE PUBLIC HEARING WAS ' CLOSED. The Commission inquired about Harriett M. Weider Park. Staff responded that dedications for the park had been completed and there was no outstanding obligations related to the Park. Discussion ensued regarding landscaping and the outstanding issue of one remaining neighborhood park planned along Promenade Parkway., The Commission asked about Ellis Avenue improvements between Goldenwest and Edwards Streets. Staff provided the status of roadway improvements on the two northern lanes as one being complete, and one to be completed by the City at a future date. Discussion ensued regarding properties acquired by PLC as -indicated on Attachment No. 3.10 of the staff report. A MOTION WAS MADE BY SCANDURA, SECONDED BY RAY, TO DETERMINE THAT THE DEVELOPER IS IN COMPLIANCE WITH THE HOLLY SEACLIFF DEVELOPMENT AGREEMENT; AND; APPROVE THE 2003 COMPLIANCE REPORT AND FORWARD TO THE CITY COUNCIL FOR REVIEW AND ACCEPTANCE, BY THE FOLLOWING VOTE: - AYES: Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None.,:.- -ABSENT: None ABSTAIN: Thomas MOTION PASSED (03pcml209) PC Minutes December 9, 2003 Page 6 C. CONSENT CALENDAR,: - C-1. PLANNING COMMISSION MINUTES DATED SEPTEMBER 23, 2003 A MOTION WAS MADE BY DINGWALL, SECONDED BY RAY, TO APPROVE PLANNINNG COMMISSION MINUTES DATED SEPTEMBER 23, 2003, BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: Thomas, Shomaker MOTION PASSED D. NON-PUBLIC HEARING ITEMS - None scheduled. E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION REQUEST ITEMS FOR FUTURE MEETINGS None Scheduled. E-2. PLANNING COMMISSION COMMENTS Commissioner Thomas — None. Commissioner Scandura — None. Commissioner Ray — congratulated Division Chief/Fire Marshall Chuck Burney on his retirement. Commissioner Davis — None. Commissioner Shomaker — None. Commissioner Dingwall — inquired about staff report material being available on the City website: Commissioner Livengood = asked staff to add the following to the Pending Iterfis List .soil clean-up standards (very hazardous materials); location of street numbers on buildings; Hiro's Nursery (CUP 90-56; CUP 94-45); 31 Acres (Pacific City) soil remediation. ADJOURNMENT: Adjourned at 7:30 p.m. to Spark Woodfire Grill,- 300 Pacific Coast Highway, Huntington Beach, and to the next regularly scheduled meeting of Tuesday, January 13, 2004, Huntington Beach Civic Center. The meeting of December 23, 2003 has been canceled. HZ:HF:rl APPR ED BY: How rd Zelefsky, Secretary Ron avis, Chair (03p=1209)