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HomeMy WebLinkAbout2004-02-10MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, FEBRUARY 10, 2004 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 6:00 P.M. - ROOM B-8 — CITY HALL LOWER LEVEL CALL PLANNING COMMISSION MEETING TO ORDER P P P P A P P ROLL CALL: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood AGENDA APPROVAL A. STUDY SESSION ITEMS 1. PUBLIC HEARING PROCESS — Commissioner Dingwall Commissioner Dingwall introduced the members of the Public Hearing Process Subcommittee as: Building Industry Representatives Mike Adams, John Erskine and Richard Harlow; General Public Representatives Dean Albright, Ron Satterfield, and John Sisker, and, Planning Commissioner Members Steve Ray and himself. Commissioner Dingwall made a PowerPoint presentation that outlined the process in three phases: ■ Phase One: Project Introduction,. including staff presentation, Planning Commission questions and answers, and additional sessions as required. ■ Phase Two: Applicant and Public Presentations, including staff presentation, applicant presentation, public comments, Planning Commission comments and additional sessions as required. ■ Phase Three: Formal Public Hearing Commissioner Dingwall also identified information included under "Special Notes" that discussed: ■ Note One: Late Submittal of Information ■ Note Two: Allocation of Speakers Time ■ Note Three: -Disclosure of Information and Scheduling of the Public Hearing Commission Members Thomas and Davis voiced concerns about the Subcommittee's recommendation related to late communication and automatic consideration of continuance on items receiving late communication less than 72 hours prior to the public hearing. PC Minutes February 10, 2004 Page 2 Commissioner Livengood asked who is responsible for determining the project timeline. Commissioners Dingwall and Ray replied that staff and the Commission determine a project timeline, and that once a project is discussed during a study session, the Commission can then determine a public hearing timeline. Commissioner Livengood expressed concerns about the timeline steps between Phases Two and Three. Discussion ensued about formulating opinions during Phases One and Two. Commissioners Livengood and Scandura thanked the Subcommittee. Commissioner Dingwall requested that Subcommittee's recommendations be put on the February 24, 2004 meeting agenda for action. Commissioner Davis recommended that the Subcommittee's proposal be referred to staff and City Attorney Counsel for review and input. Commissioner Livengood recommended that Note Two: Allocation of Speakers Time, be put on the February 24, 2004 meeting agenda for action. Scott Hess, Planning Manager, explained mandatory processing time requirements, a brief response to the proposal, and the role of the City Council. Discussion ensued on Planning Commission/City Council protocol. PUBLIC COMMENTS — Regarding Study Session Item No. A-1 Mark Bixby, Huntington Beach, spoke in support of "Allocation of Speakers Time" and website information availability. He thanked the Subcommittee for their work. Julie Bixby, Huntington Beach, spoke in support of "Allocation of Speakers Time" and increasing public notification. She suggested that the Attorneys Office expedite a legal opinion on the "Allocation of Speakers Time" in order to calendar action on the item as soon as possible. Monica Hamilton, speaking on behalf of Huntington Beach Tomorrow, thanked the Subcommittee for their work on this item. She discussed the goals of HB Tomorrow relative to growth, decision -making, and open government. She also discussed personal experiences in the land development process, and stressed the importance of public participation. A MOTION WAS MADE BY SCANDURA, SECONDED BY DAVIS, TO AGENDIZE NOTE TWO "ALLOCATION OF SPEAKERS TIME" TO THE MARCH 9, 2004 STUDY SESSION; AND, TO THE AGENDIZE THE REMAINING PROPOSED CHANGES ON THE PUBLIC HEARING PROCESS TO THE APRIL 13, 2004 STUDY SESSION, BY THE FOLLOWING VOTE: (04pcm0210) PC Minutes February 10, 2004 Page 3 AYES: Thomas, Scandura, Ray, Davis, Livengood NOES: None ABSENT: -Shomaker ABSTAIN: Dingwall - MOTION PASSED 2. PRESENTATION BY THE ORANGE COUNTY WATER DISTRICT — Ron Wildermuth Ron Wildermuth, Director of Communications, Orange County Water District (OCWD) made a PowerPoint presentation to the Commission on the County's Groundwater Replenishment (GWR) System and provided a fact sheet on the GWR that outlined: ■ Project Benefits ■ Construction Required ■ Location of Construction ■ Agency Reviews and Approvals ■ Proposed Schedule • Estimated Phase 1 Cost ■ Funding Sources ' ■ Awards ■ Project Area Facts (Acre-foot, Project area, Project area population, Current water demand, Projected water demand in 2020, Current sources of water in North Orange County, Orange County Water District, Orange County Sanitation District, Questions & Answers) PowerPoint presentation material included information on: ■ Planet Water ■ Where does Orange County Get Water? ■ Future Imported Water Cutbacks ■ Seawater Barrier Protects Basin ■ Groundwater Increasing in Hardness ■ Drought Protection ■ Options for Future Orange County Water ■ GWR/Pudfication Steps ■ GWR Map • GWR Benefits 3. • STREAMLINING ORDINANCE —Rosemary Me -del A MOTION WAS MADE BY -RAY, SECONDED BY DINGWALL, TO CONTINUE THE STREAMLINING ORDINANCE TO THE FEBRUARY 24, 2004 STUDY SESSION, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Dingwall; Livengood NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED (04p=0210) PC Minutes February 10, 2004 Page 4 4. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — Scott Hess Scott Hess reviewed the items scheduled for public hearing and informed the Commission that the applicant has requested a continuance on Public Hearing Item No. B-1. B. PLANNING COMMISSION COMMITTEE REPORTS — None reported. 6:30 P.M. — RECESS FOR DINNER 7:00 P.M. — COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE P P P P A P P ROLL CALL: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood AGENDA APPROVAL A MOTION WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO APPROVED THE FEBRUARY 10, 2004 PLANNING COMMISSION MEETING AGENDA BY THE FOLLOWING VOTE: - AYES: Thomas, Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED A. ORAL COMMUNICATIONS Merrilee Madrigal, Huntington Beach Santa Ana River Conservancy, spoke regarding alleged landfill violations and enforcement of Conditional Use Permit 96-45 (Hiro's Nursery). She recommended a community hearing for review of the associated grading plan prior to grading permit approval by the Public Works Department. B. PUBLIC HEARING ITEMS B-1. USE PERMIT NO.92-1R, CONTINUED FROM JANUARY 27, 2004): Applicant: Peter Haddad Request: To amend Conditional Use Permit 92-1(R) by deleting Condition No. 1-e, requiring 2 bus parking spaces and Condition No. 7, prohibiting outside storage. The application includes a request to modify the approved site plan by replacing an existing 2,260 sq. ft. modular rehabilitation building and visitor center with a 4,200 square foot, one-story animal hospital/visitor center. The proposal also includes site improvements consisting of an 8 ft high block wall along Pacific Coast Highway, parking lot re -striping, and an onsite storage container. Location: 21900 Pacific Coast Highway (northeast corner of Newland and Pack Coast Highway). Proiect Planner: Rami Talleh (04p=0210) PC Minutes February 10, 2004 Page 5 STAFF RECOMMENDATION: Motion to: "Continue to a date uncertain and provide public notification with the public hearing to be opened." A MOTION WAS MADE BY LIVENGOOD, SECONDED BY DINGWALL, TO CONTINUE AT THE APPLICANT'S REQUEST COASTAL DEVELOPMENT PERMIT NO. 03-17 / ENTITLEMENT PLAN AMENDMENT NO.03-02 (HUNTINGTON BEACH WETLANDS CONSERVANCY EXPANSION — AMENDMENT TO CONDITIONAL USE PERMIT NO.92-1R) TO A DATE UNCERTAIN WITH THE PUBLIC HEARING TO BE OPENED, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: Shomaker ABSTAIN: None MOTION PASSED B-2. TENTATIVE TRACT MAP NO. 16573/CONDITIONAL USE PERMIT NO. 03-37 (Delaware Condominiums — Density Bonus): Applicant: Jide Alade, The William Fox Group Request: TTM: To permit a single -lot subdivision of approximately 17,174 square -feet of land for the purpose of developing a six -unit condominium development. CUP: To (a) permit the construction of six multi -family residential units, a density bonus for one (1) additional unit above the allowable density, and an affordable- housing incentive to allow -a three-foot wide perimeter landscape planter in lieu of the five-foot minimum planter width required by the Zoning Code and (b) to -allow development on a lot with a grade differential of approximately six feet between the high and low points on the subject site. Location: 2320 Delaware (East side of Delaware St., south of Yorktown Ave) Project Planner: Paul Da Veiga STAFF RECOMMENDATION: Motion to: "Approve Tentative Tract Map No. 16573 and Conditional Use Permit No. 03-37 with recommended findings and conditions of approval." The Commission made the following disclosures: Commissioner Dingwall excused himself from action on the item due to a conflict of interest; Commissioners Thomas, Scandura, Ray and Davis visited the site.. Paul DaVeiga, Associate Planner, identified a correction to page 9 of the staff report and made a presentation to the Commission. THE PUBLIC HEARING WAS OPENED: Jide Alade, Applicant, William Fox Group, spoke in support of the item, stating that the project's design and architectural style fits well within the community. Dave Kent, KTGY Architects, spoke in support of the item,,complimented staff and discussed stepping away from rental background.within the proposed project's area. (04pcm0210) PC Minutes February 10, 2004 Page 6 Steve Stan, KGGY Architects, spoke in support of the item, complimented staff and discussed the project's benefits to the area, including increased property values. Rodney Foster, Mission Viejo, spoke in opposition to the item and voiced concerns related to an agreement extending over 30 years that would adversely affect surrounding properties. He also discussed site depreciation. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Commissioner Davis asked if the City's density bonus places greater restrictions on 30-year affordability requirements established by the State. The Commission Counsel referenced Chapter 230 of the Zoning and Subdivision Ordinance and 30-year minimum affordability requirements, and discussed examples of past affordable agreements that were established with 60-year terms. Commissioner Ray asked how a 30-year covenant is enforced. Staff explained that the Economic Development Department is responsible for monitoring future sales on the proposed property. Commissioner Ray asked about the 3-foot setback on the landscaping planter, and whether or not a variance was required. Staff stated that the density bonus allows for an affordable housing incentive as relief from the strict application of the code based on the limited width of the site. He also discussed the actual landscape proposed which exceeded the minimum 8% required by code. Commissioner Davis asked it a covenant was required. Staff confirmed. He also asked about self -triggering mechanisms that alert the City when an affordable unit goes up for sale. Staff explained that the Economic Development Department is notified when the property changes ownership. The Commission asked if the applicant would support a 60-year covenant. The applicant stated that other buyers might not consider supporting a 60-year restriction. Commissioner Scandura asked if other single -unit projects held 60-year covenants. Commission Counsel stated that they were not aware of any. Discussion ensued regarding income limits and property devaluation over time. Commissioner Ray asked if the units are terraced to the south. Staff replied that some terracing exists towards England Street. Discussion ensued about rental restrictions and calculations. Commission Counsel stated that the City's standard covenant prohibits rental activity, and that affordable units must be owner -occupied. A MOTION WAS MADE BY DAVIS, SECONDED BY RAY, TO APPROVE TENTATIVE TRACT MAP NO. 16673 AND CONDITIONAL USE PERMIT NO. 03- 3E WITH RECOMMENDED FINDINGS AND MODIFIED CONDITIONS OF APPROVAL TO INCLUDE A 60-YEAR AFFORDABLE CONVENANT, BY THE FOLLOWING VOTE: (04p=0210) PC Minutes February 10, 2004 Page 7 AYES: Ray, Davis NOES: Thomas, Scandura, Livengood ABSENT: Shomaker ABSTAIN: Dingwall MOTION FAILED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO APPROVE TENTATIVE TRACT MAP NO.16673 AND CONDITIONAL USE PERMIT NO.- 03-37 WITH RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: . AYES: Thomas, Scandura,_ Ray, Davis, Livengood NOES: None ABSENT: Shomaker- ABSTAIN: Dingwall MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO. 16573/CONDITIONAL USE PERMIT NO.03-37 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: 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 Section 15303 of the California Environmental Quality Act which exempts construction and location of new, small facilities or structures including the development of six or less multi -family structures located in an urbanized area. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO.16673: 1. Tentative Tract Map No. 16573 for a one -lot condominium subdivision of approximately 16,953 square feet of land for the purpose of developing six multi -family residential units is consistent with the General Plan Land Use Element designation of Medium Density Residential on the subject property, or any applicable provisions of this Code. The proposed residential subdivision for the development of six condominium units, including a density bonus for one additional unit, is permitted in the RM (Residential Medium Density) designation of the Huntington Beach Zoning and Subdivision. 2. The site is physically suitable for the type and density of development. The maximum permitted density is 15 units per acre in the General Plan. The project density of 15.4 dwelling units per acre includes a one -unit density bonus and complies with the maximum permitted density identified in the General Plan. 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. The project will comply with all the minimum Code requirements applicable to the subjectsite. 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, (a4p=0210) PC Minutes February 10, 2004 Page 8 will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.03=37: 1. Conditional Use Permit No. 03-37 to (a) permit the construction of.a six -unit condominium development including a 1.6 percent density bonus for an additional unit above the allowable density (b) an -affordable housing incentive to allow a two -foot reduction in the required landscape planter width of five feet (c) one unit designated as affordable to low income households, and (d) development on a lot with a grade differential greater than three feet, 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 proposed development can be adequately serviced by the City and County water, sewer and storm drain systems without significantly impacting the overall service or system. The project will not have a significant adverse impact on traffic volumes and road capacities, school enrollments, or recreational resources. The project will provide affordable housing to a segment of the population that has limited available housing options at rates that are affordable at the lower income level. The granting of the proposed reductions in applicable site development standards as affordable housing incentives is necessary to achieve the target affordable mortgage payments for the affordable units. 2. The conditional use permit will be compatible with surrounding uses because the proposed residential use is consistent and complementary to existing uses in the vicinity. The project's grading, building scale, architecture, and earth -tone colors palette will complement the surrounding multi -family residential projects. The proposed buildings will be terraced with the natural grade on the site to ensure compatibility with adjacent properties with similar grades. The project design is similar to the residential project located to the north, which is an eight -unit apartment building, approximately 30 feet in total height with similar architectural design. 3. The proposed density bonus, including an affordable housing incentive for the construction of a six -unit condominium is in substantial compliance with the provisions of the base district and other applicable provisions in the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located, except for the requested reduction in the perimeter landscape planter width to three feet in lieu of five feet as an affordable housing incentive. The proposed development will comply with all code requirements including, building height, landscaping, open space, total number of required parking spaces and site coverage. The proposed development will comply with all code requirements including, building height, open space, total number of required parking spaces and site coverage. The reduction in the perimeter landscape planter width to three feet in lieu of five feet as an affordable housing incentive is appropriate because the total landscape area for the site is 14 percent, which exceeds the minimum landscape percentage of eight percent required for the development. Allowing the reduction in perimeter landscape planter width is necessary to achieve the target affordable mortgage payments for the proposed affordable units and implement a high quality development. 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 Residential Medium Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: (04p=0210) PC Minutes February 10, 2004 Page 9 Policy LU 9.1.3: Require that multi -family residential projects be designed to convey a high level of quality and distinctive neighborhood character as discussed below: a. Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volumes. b. : Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and /or common areas. c. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. Obiective LU 9.5: Provide for the development of housing for senior citizens, the physically and mentally challenged, and very low, low and moderate -income families. Goal LU 9. Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Policy LU 9.2.1: require that all new residential development within existing neighborhoods be compatible with existing structures, including the use of building heights, grade elevations, orientation, and bulk that are compatible with.the surrounding development. The proposed project will provide housing that serves the affordable housing needs of the community. The development will consist of attached and detached units that use different colors and materials to break up the mass of the buildings and delineate the entry to the units. The project exceeds the.required front yard landscaping along both the Delaware Street and England Street frontages. The development will be #erraced with the existing grade in order to preserve the natural pattern of the land and to ensure compatibility with adjacent residential developments.. CONDITIONS OF APPROVAL — TENTATIVE TRACT MAP NO.16573: 1. _Tentative Tract Map No. 16573, received and dated August 25, 2003 shall be the conceptually approved layout with the following modifications: a. The site address referenced in the title block shall be corrected to indicate "2320 Delaware Street." b. The proposed finished floor and pad elevations shall be revised to be consistent With the recommendations contained in the Preliminary Geotechnical Engineering Investigation date stamped August 25, 2003. (PW) 2. Prior to submittal of the tract map to the Public Works Department for processing and approval, the following shall be required: a. An Affordable Housing Agreement Plan shall be submitted to the Planning Department for review and approval. The agreement shall provide for affordable, owner -occupied, for sale housing on -site. Said agreement shall be executed prior to issuance of the first building permit for the tract. The contents of the agreement shall include the following: (04p=0210) PC Minutes February 10, 2004 Page 10 1) Minimum 20 percent of the units shall be affordable to families of lower income level for a period of thirty years. 2) A detailed description of the type, size, location and phasing of the affordable unit. 3) The affordable unit shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first residential unit in the tract shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.03-37: 1. The site plan, floor plans and elevations received and dated February 4, 2004 shall be the conceptually approved layout. 2. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has 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 may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 3. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including-attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. (04p=0210) PC Minutes February 10, 2004 Page 11 C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED JANUARY.13, 2004 A MOTION WAS MADE BY SCANDURA, SECONDED BY THOMAS, TO APPROVE PLANNING COMMISSION MINUTES DATED JANUARY 13, 2004 AS MODIFIED, BY THE -FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT:' Shomaker ABSTAIN: None 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 — voiced concerns about paintball activity at Bluff Top Park. Staff will refer the inquiry to the Police Department. Commissioner Scandura — asked about availability of studies or reports on affordable housing within the City. Staff replied that affordable housing activity is monitored through the Economic Development Department, and that available information will be forwarded to them. Commissioner Ray — commented that the City ordinance on weapons considers paintball guns a weapon. He also voiced concerns about maintenance of Irby Park. Commissioner Scandura provided a response. Commissioner Davis — None. Commissioner Shomaker — Absent. Commissioner Dingwall — voiced concerns about landfill violations and enforcement of Conditional Use Permit 96-45 (Hiro's Nursery), and inquired about how conditional use permit violations are enforced. Staff explained the process used by Code Enforcement to monitor conditional use permit conditions, including the citation process. Commissioner Dingwall stressed the importance of monitoring the property. Commissioner Livengood — requested that staff provide a status report on the condition relative to an annual review for Hiro's Nursery. (04p=0210) PC Minutes February 10, 2004 Page 12 F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Planning Manager — reported on the Planning Department items heard before the City Council on February 2, 2004. F-2. CITY COUNCIL ITEMS FOR THE NEXT MEETING - Scott Hess, Planning Manager — reported on the Planning Department items scheduled before the City Council on February 17, 2004. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Planning Manager — reviewed items for the regularly scheduled meeting of February 24, 2004. ADJOURNMENT: Adjourned at 8:30 p.m. to the next regularly scheduled meeting of February 24, 2004, Huntington Beach Civic Center. APP VED BY: 7 and Ze efsky, Secretary Ron Davis, Chair (04p=0210)