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Home My WebLink About2004-03-09MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MARCH 9, 2004 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 5:15 P.M. - ROOM B-8 — CITY HALL LOWER LEVEL CALL PLANNING COMMISSION MEETING TO ORDER A P A P A P A ROLL CALL: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood Thomas arrived at 5:25pm AGENDA APPROVAL A. STUDY SESSION ITEMS 1. ENVIRONMENTAL IMPACT REPORT NO. 02-01 / CONDITIONAL USE PERMIT NO 02-20 WITH SPECIAL PERMITS (PACIFIC CITY) UPDATE — Scott Hess/Mary Beth Broeren Mary Beth Broeren, Principal Planner, discussed the Pacific City EIR information available to the public on the City's website, and informed the Commission that Information Systems is in the process of correcting certain problems associated with the information links located in the EIR. She also identified a correction to text located on page 2-62, Volume 3, of the EIR, and was available to answer questions. Commissioner Dingwall volunteered to assist the City with problematic conversion of information into a CD Rom format. Commissioner Scandura commented on staff reports being distributed early to the Commission, and asked about staffs availability on March 22"d and 23`d to answer project -related questions. Scott Hess, Planning Manager, was available to answer questions on development entitlements. 2. ZONING TEXT AMENDMENT NO.03-02 (ENTITLEMENT PERMIT STREAMLINING — PHASE II) - Rosemary Medel Rosemary Medel, Associate Planner, outlined fifteen (15) suggested amendments discussed at the Planning Commission meeting of February 24, 2004 that were provided in a handout and identified through highlighted text. Commissioner Dingwall asked a about infill lot notification and discussion ensued regarding neighborhood notification. Chapter 203 and 241 were used as a reference point and it was mentioned that cross-referencing should be included. Commissioner Davis discussed three types of Notification, including Infill, Neighborhood and Discretionary. (04p=0309) PC Minutes March 9, 2004 Page 2 Discussion ensued on the following: • Attachment 3.109, Section 230.14 Affordable Housing Incentives/Density Bonus, E. 3. Procedure — Planning Commission review required. • Attachment 3.112, Section 230.22 Residential Infill Lot Developments/A. Definition — possible strike. • Attachment 3.113, Section 230.24 Small Lot Development Standards/A. Permitted Uses — language revision. • Attachment 3.114, Section 230.24 Small Lot Development Standards/B. Design Standards— language revision. • Attachment 3.133, Section 230.78 Refuse Storage Area — remain unchanged. • Attachment 3.144, Section 230.92 Landfill Disposal Sites, D. Hazardous Waste Sites — typo revision. . - -Attachment 3.145, Section 230.92 Landfill Disposal Sites, E. Operations Plan Contents—. cross reference neighborhood notification. • Attachment 3.147, Section 230.94 Carts and Kiosks, F. Neighborhood Notification — identify modified text. • Attachment 3.166, Section 231.10 Parking In -Lieu Payments Within Downtown Specific Plan Area — no change. • Attachment 3.231, 4.1 ADMINISTRATION/4.1.01 Approvals Required — tezt discussed. • Attachment 3.232, 4.1 ADMINISTRATION/4.1.02 Special Permit — text insert. • Attachment 3.233, 4.1 ADMINISTRATION/4.1.05 Appeals —Planning Commission approval to remain by a 7-0 straw vote. • Attachment 3.234, 4.2 GENERAL PROVISIONS/4.2.01 Permitted Uses (d) — strike language in fourth bullet point. • 'Attachment 3.276, 4.8 DISTRICT #6: MIXED USE: 60MMERCIAUOFFICE/RESIDENTIAU4.8.01 Permitted Uses (b), (c), & (d) — language modifications. 3. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — Herb Fauland Chairperson Davis discussed the process of how he will review staff report material on Permit Streamlining during the public hearing portion of tonight's meeting. Commissioner Dingwall requested staff to provided historical information on a billiard facility previously located on Pack Coast Highway, east of Main Street. B. PLANNING COMMISSION COMMITTEE REPORTS — None. PUBLIC COMMENTS — Regarding Study Session portion of Meeting Merrilee Madrigal, Cliff Drive, spoke regarding Hiro's Nursery (Planning Commission Request Item E-1 a.) She communicated her disappointment with the item being heard later on the agenda, as she was under the impression that it would be discussed during the study session. She also classified Commissioner Livengood's request for information as incomplete. Paul Cross, Huntington Street, provided comments on Study Session items A-1 (Pacific City EIR Update) and A-2 (Permit Streamlining). He requested that environmental review be conducted independently without City involvement, and also discussed staffs overtime costs and conflict of interest laws related to streamlining. 6:30 P.M. — RECESS FOR DINNER (04pcM0309) -2- PC Minutes March 9, 2004 Page 3 7:00 P.M. — COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE CALL PLANNING COMMISSION MEETING TO ORDER P P A P A P A ROLL CALL: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood Shomaker arrived at 7.02 p.m. AGENDA APPROVAL A MOTION WAS MADE BY SHOMAKER, SECONDED BY SCANDURA, TO APPROVE THE PLANNING COMMISSION MEETING AGENDA OF MARCH 9, 2004, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Shomaker, Dingwall NOES: None ABSENT: Ray, Livengood ABSTAIN: None MOTION PASSED A. ORAL COMMUNICATIONS Mark Bixby, Hillgate Lane, provided comments on Public Hearing Item No. B-2 (Entitlement Permit Streamlining Phase II), voicing concerns about projects currently approved by the Zoning Administrator being shifted to a lower hearing body. He discussed build out and his support of increased permit fees so that staff resources can be increased. He stated shifting approval away from the Zoning Administrator makes public participation more difficult, and requested that Zoning Administrator agendas and related material be made available to the public on the City's website. Merrilee Madrigal, Cliff Drive, provided comments on alleged landfill violations and enforcement of Conditional Use Permit 96-45 (Hiro's Nursery). She voiced concerns about the City's lack of follow-up related to citations and stop work orders issued on the property. She stated Commissioner Livengood's request for staff follow-up is incomplete, and requested that a public hearing being held before issuance of a grading permit. B. PUBLIC HEARING ITEMS PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1. PUBLIC HEARING TO BE OPENED: COASTAL (HB BILLIARDS (aD- PIERSIDE PAVILION): Applicant: Alan Knebel Request: To permit the establishment of a 5,000 square foot billiards facility including the on -site sale of beer and wine. Location: 300 Pacific Coast Highway, Ste. 112 (Southeast corner of Pacific Coast Highway and Main Street) Proiect Planner: Paul Da Veiga (04p=0309) -3- PC Minutes March 9, 2004 Page 4 STAFF RECOMMENDATION: Motion to: "Approve Coastal Development Permit No. 03-28/Conditional Use Permit No. 03-63 with findings and suggested conditions of approval." The Commission made the following disclosures: Commissioners Thomas, Scandura, Davis, Shomaker and Dingwall all stated that they were familiar with project site. Paul Da Veiga, Associate Planner, made a presentation to the Commission. THE PUBLIC HEARING WAS OPENED: Jennifer Wise, Leasing Agent/Property Manager, spoke in support of the item, describing the proposed business as family -oriented with a full service restaurant and security personnel. She also discussed the hours of operation: Alan Kriebel, applicant with Dragon Design, spoke in support of the item and was available to answer questions. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Commissioner Dingwall asked if it were possible to limit the hours of alcohol service. Staff replied that the Commission can be discretionary and provided a brief history of similar uses, including approved conditions and'restrictidns identified in the Municipal Code. Staff also discussed the applicant's original proposal, and why staff recommends limited hours. Commissioner Dingwall asked if the restaurant could provide food service even if alcohol service hours are limited. Staff explained the project narrative outlines, the request, and directed the Commission's attention to the hours identified on Attachment 1.3 of the staff report.. Commissioner Thomas suggested limiting the hours of alcohol service to mitigate noise and staff and the applicant discussed food service ending at 12:00 a.m. Commissioner Thomas asked whether.or not the public access doors on each. side of the facility facing adjacent residential could be locked after 10:00 p.m. to mitigate noise. Staff explained why the exit doors could not be locked, but that the Commission could consider a condition stating that the doors remain closed after 10A0 p.m. Commissioner Davis confirmed his support of the applicant's request, describing the entrance on Walnut Avenue as helpful to the project. A MOTION WAS MADE BY SCANDURA, SECONDED BY THOMAS, TO APPROVE COASTAL DEVELOPMENT PERMIT NO.03-28/CONDITIONAL USE PERMIT NO.03-63 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: (04p=0309) -4- PC Minutes March 9, 2004 Page 5 AYES: Thomas, Scandura, Davis, Shomaker, Dingwall NOES: None ABSENT: Ray, Livengood ABSTAIN: None MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.03-28/CONDITIONAL USE PERMIT NO.03-63 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 15301 of the CEQA Guidelines, which states that operation and minor alteration to existing structures involving negligible or no expansion are exempt from further environmental review. FINDINGS FOR APPROVAL — COASTAL DEVELOPMENT PERMIT NO.03-28• Coastal Development Permit No. 03-28 to establish a billiards facility with ancillary bar and grill within an existing 5,000 square foot suite, including the on -site sale and consumption of beer and wine, conforms with the General Plan and the Local Coastal Program. The project is consistent with the General Plan Land Use Element designation of Mixed -Use. The project will comply with the Downtown Specific Plan — District 3 (Commercial/Office/Residential) because the proposed use will add to the variety of visitor -serving commercial uses and will further the mixed -use objective for the downtown. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code and conforms to all development standards including parking. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure currently exists on the subject site and will be modified as needed to conform to the City's current standards 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The development will not impact any public access or recreational opportunities. FINDINGS FOR APPROVAL — CONDITIONAL USE PERMIT NO.03-63: 1. Coastal Development Permit No. 03-28/Conditional Use Permit No. 03-63 to establish a billiards facility with ancillary bar and grill within an existing 5,000 square foot suite, including the on -site sale and consumption of beer and wine 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 uses will not create adverse noise or parking impacts to the surrounding businesses and residents based on the availability of parking within the existing parking structure and limitations on hours of operation. (04p=0309) -5- PC Minutes March 9, 2004 Page 6 2. The proposed billiards facility with ancillary bar and grill will be compatible with surrounding uses. The use will be required to comply with strict conditions of approval to assure that any potential impacts to the impacts to surrounding properties are minimized. In addition, the proposed use is consistent with the mixed - use character of commercial developments in the downtown. The use is subject to noise regulations such as requiring that all doors and windows remain closed during live entertainment, and regulation on the hours of operation to ensure compatibility with surrounding businesses and residents., 3. The proposed billiards establishment with ancillary bar and grill 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 and any speck condition required for the proposed use in the district in which it will be located. The proposed use will comply with parking in the Downtown Parking Master Plan and will be accommodated by the existing parking supply in the existing parking structure. _There is no physical expansion proposed as part of the request and the use will comply with all building occupancy/exiting requirements. 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 Mixed Use on the subject property including the following policies and objectives identified in the General Plan: A. Land Use Element Policy LU 7.1.1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. Obiective LU 7.1 Accommodate the development of a balance of land uses that (a) provides for the housing, commercial, employment, cultural, entertainment, and recreation needs of existing and future residents, (b) provides employment opportunities for residents of the City and surrounding subregion, (c) captures visitor and tourist activity, and (d) provides open space and aesthetic relief from urban development. 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. The proposed billiards facility with ancillary bar and grill will provide a new visitor - commercial venue within the Downtown that is consistent with the Land Use Density Schedules for the Downtown and is compatible with surrounding mixed -use development. B. Coastal Element Policy C 3.2.3 Encourage the provision of a variety of visitor -serving commercial establishments within the Coastal Zone, including but not limited to, shops, restaurants, hotels and motels, and day spas. The proposed billiards facility with ancillary bar and grill will increases the commercial viability of Pierside Pavilion, allowing for its continued success within the Downtown. The proposed establishment will expand the available visitor -serving commercial uses within the Coastal Zone available to its patrons. (04p=0309) -6- PC Minutes March 9, 2004 Page 7 CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.02-63: 1. The site plan and floor plans received and dated December 18, 2003 shall be the conceptually approved layout. 2. The hours of operation shall be as follows: Sunday through Thursday: 10 a.m. to 1 a.m. Friday and Saturday: _ 10 a.m. to 2 a.m. 3. 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 HBZSO. INDEMNICATION 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. B-2. PUBLIC HEARING TO BE OPENED: ZONING TEXT AMENDMENT NO. 03-02 (ENTITLEMENT PERMIT STREAMLINING PHASE IIY Applicant: City of Huntington Beach Request: To amend 15 chapters of the Huntington Beach Zoning and Subdivision Ordinance, codify policies and clarify certain sections of existing codes and amend various sections of the Downtown Specific Plan SP 5. The proposed amendments are intended to reduce the overall number of discretionary entitlement applications by allowing the use by right or having a lower level 'discretionary body review the entitlement. Location: Citywide Project Planner: Rosemary Medel STAFF RECOMMENDATION: Motion to: "Approve,Zoning Text Amendment No.; 03-02 with findings and forward to the City Council for adoption." The Commission made the following disclosures• "Commissioner Thomas spoke with staff, Commissioner Scandura discussed the item with Commissioner Dingwall; Commissioner Dingwall discussed the item with staff and Commissioner Scandura; Commissioner Davis spoke with staff. Rosemary Medel, Association Planner, identified late communication received by HB Tomorrow, discussed public notification, and provided a presentation to the Commission. (04p=0309) -7- PC Minutes March 9, 2004 Page 8 THE PUBLIC HEARING WAS OPENED: Dick Harlow, representing the Huntington Beach Chamber of Commerce,, spoke in support of the item. He discussed the City's appeal process•and an increase of fees. He voiced concerns about the City's budget process (fees being tripled, quadrupled), staff cuts, etc., and discussed timing with lower hearing bodies. He stated that he met with staff prior to application submittal to discuss public notification, and that the Chamber concurs with HB Tomorrow's comments and recommendations identified in late communication. He urged the Commission to approve the request. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Commissioner Dingwall asked about shifting the approval process from Planning Commission to the Zoning Administrator, if the same amount of support material is available to the public. Staff explained that the Zoning Administrator receives a condensed version of the Planning Commission staff report, i.e.;-an_Executive Summary, and that standard information included in all staff reports are removed. Discussion ensued regarding quantity versus -content and presentation. Commissioner Davis reminded the Commission that City staff members are qualified to understand how information on land use, General Plan, etc. should be presented to the Zoning Administrator and Planning Commission, and that the Zoning Administrator does not need the level of explanation required for Planning Commission items. Staff cited the previous billiard facility as an example of an entitlement request with a 5-month processing period and $7000 in development fees, suggesting that if the request were streamlined, the applicant may save as much as 50% in time and development fees. Commissioner Davis. asked about diameter measurements and defining public notification. . Commissioner Dingwall identified public notification as a delicate process that includes property owner expectations and a neighbors rights, and discussed Brown Act requirements. A STRAW VOTE MOTION WAS MADE BY THOMAS, SECONDED BY DINGWALL, TO MODIFY LANGUAGE ON ATTACHMENT 3.11 BY INCLUDING A 300-FOOT RADIUS FOR NEIGHBORHOOD NOTIFICATION. Staff explained standards for "notification, and opposed the motion.; No vote was taken. (04p=0309) -8- PC Minutes March 9, 2004 Page 9 A COUNTER MOTION WAS MADE BY DAVIS, SECONDED BY SHOMAKER, TO MODIFY LANGUAGE ON ATTACHMENT 3.11 BY INCLUDING A 100- FOOT RADIUS FROM EACH PROPERTY LINE FOR NEIGHBORHOOD NOTIFICATION. COMMISSIONER SCANDURA AMENDED THE COUNTER MOTION BY INCLUDING A 150-FOOT RADIUS FROM EACH PROPERTY LINE FOR NEIGHBORHOOD NOTIFICATION. COMMISSIONER DAVIS AGREED TO THE AMENDMENT, CARRIED BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Shomaker NOES: Dingwall ABSENT: Ray, Livengood ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY THOMAS, TO KEEP ORIGINAL UNIT NUMBERS LISTED UNDER MULTI- FAMILY RESIDENTIAL ON ATTACHMENT 3.31, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Shomaker, Dingwall NOES: None ABSENT: Ray, Livengood ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY DINGWALL THAT INFORMATION LISTED UNDER GROUP RESIDENTIAL AND PRIMARY HEALTHCARE ON ATTACHMENT NO.3.52, REMAIN UNCHANGED. WITHOUT A SECOND, THE MOTION FAILED. Staff explained square footage requirements for small suites and start-up businesses. Discussion ensued on Attachment 3.101: Chapter 230, Site Standards - Non - Residential Districts. Discussion ensued regarding language related to Accessory Dwelling Units listed on Attachment 3.104. A STRAW VOTE MOTION WAS MADE BY THOMAS, SECONDED BY SCANDURA, TO MODIFY LANGUAGE ON ATTACHMENT 3.104 BY REQUIRING HOMEOWNER'S ASSOCIATION NOTIFICATION ON ACCESSORY DWELLING PERMITS IN ALL R DISTRICTS ON LOTS WITH A SINGLE-FAMILY DWELLING. Discussion ensued regarding inclusion of neighborhood notification guidelines identified in Section 241.24. Staff informed the Commission that the City does not enforce HOA CC&R's, and that not all residential developments have a homeowner's association. The motion was withdrawn. (04p=0309) -9- PC Minutes March 9, 2004 Page 10 A STRAW VOTE MOTION WAS MADE BY DINGWALL, SECONDED BY THOMAS, TO MODIFY LANGUAGE ON ATTACHMENT 3.104 TO INCLUDE NOTIFICATION TO HOMEOWNER'S ASSOCIATIONS LISTED IN THE COUNTY ASSESSOR'S OFFICE OF ACCESSORY DWELLING UNIT PERMIT ACTIVITY, BY THE FOLLOWING VOTE: AYES: Thomas, Dingwall NOES: Scandura, Ray, Davis, Shomaker ABSENT: Ray, Livengood ABSTAIN: None MOTION FAILED A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY DAVIS, TO MODIFY LANGUAGE ON ATTACHMENT 3.144 D. AND 3.145 E. BY REMOVING "HEALTH SERVICES" AND REPLACE WITH "TOXIC SUBSTANCES CONTROL", BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, -Davis, Shomaker, Dingwall NOES: None ABSENT: Ray, Livengood ABSTAIN: . _None. MOTION PASSED A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY SHOMAKER, TO MODIFY LANGUAGE ON ATTACHMENT 3.214 TO BE CONSISTENT WITH NEIGHBORHOOD NOTIFICATION LANGUAGE IDENTIFIED ON ATTACHMENT 3.11, BY THE- FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall NOES: None ABSENT: Ray, Livengood ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY THOMAS, TO MODIFY LANGUAGE ON ATTACHMENT 3.233 BY INCLUDING THE PLANNING COMMISSION IN THE APPEAL PROCESS DISCUSSED IN SECTION 4.1.05, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis; Shomaker,. Dingwall NOES: None ABSENT: Ray, Livengood . ABSTAIN: None MOTION PASSED Commissioner Dingwall discussed entitlement items that would be shifted from approval by. the Zoning Administrator to the Planning Department Counter, therefore losing a public hearing to allow outside participation. (o4p=0309) -10- PC Minutes March 9, 2004 Page 11 A MOTION WAS MADE BY DINGWALL TO TABLE ACTION ON ZONING TEXT AMENDMENT NO.03-02 (ENTITLEMENT PERMIT STREAMLINING PHASE 11 UNTIL THE APRIL 13, 2004 PLANNING COMMISSION MEETING DUE TO SUPPOSED MISFORMATION PROVIDED TO THE PUBLIC ON THE CITY'S WEBSITE. WITH NO SECOND, THE MOTION FAILED. A MOTION WAS MADE BY SCANDURA, SECONDED BY DAVIS, TO APPROVE ZONING TEXT AMENDMENT NO.03-02 (ENTITLEMENT PERMIT STREAMLINING PHASE If WITH FINDINGS, AND AS MODIFIED BY STAFF AND THE COMMISSION THROUGH STRAW VOTE MOTIONS AND FORWARD TO THE CITY COUNCIL FOR FINAL CONSIDERATION, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Shomaker NOES: Dingwall ABSENT: Ray, Livengood ABSTAIN: Shomaker MOTION PASSED C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED JANUARY 27, 2004 A MOTION WAS MADE BY SHOMAKER, SECONDED BY DAVIS, TO APPROVE PLANNING COMMISSION MINUTES DATED JANUARY 27, 2004, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Shomaker, Dingwall NOES: None ABSENT: Ray, Livengood ABSTAIN: None MOTION PASSED C-2. PLANNING COMMISSION MINUTES DATED FEBRUARY 10, 2004 A MOTION WAS MADE BY THOMAS, SECONDED BY DAVIS, TO APPROVE PLANNING COMMISSION MINUTES DATED FEBRUARY 10, 2004, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Dingwall NOES: None ABSENT: Ray, Livengood ABSTAIN: Shomaker MOTION PASSED D. NON-PUBLIC HEARING ITEMS - None scheduled. E. PLANNING COMMISSION ITEMS (04p=0309) -11- PC Minutes March 9, 2004 Page 12 E-1.-,PLANNING, COMMISSION REQUEST ITEMS FOR FUTURE MEETINGS a) HIRO'S NURSERY (CUP NO.96-45) — Robert Dingwall Commissioner Dingwall discussed' information received by Mernlee Madrigal on alleged illegal dumping, grading, and non-compliance of CUP No. 96-45 (Hiro's Nursery). ' He requested that staff provide a written status'report on the status of Hiro's efforts to obtain a grading permit, and to include recent Code Enforcement activity related to the site. Commissioner Davis asked about CUP No. 96=45's revocation, and the 6-year review period that ran out in 2002. He suggested that the Commission consider allowing staff to provide a written report on jurisdiction, describing the property's current status and City -issued stop work order. He also mentioned that Hiro's is in the process of obtaining a grading permit, but has not received approval. Commissioner Thomas asked if the applicant (Hiro's Nursery) is working with staff on problem areas identified by Ms. Madrigal, and if any other parties approached the City on this matter. Staff responded by stating that the grading permit is the only outstanding issue on the site, and that the City is unaware of any other complaints. Commissioner Scandura asked about grounds for action or revocation, and is illegal dumping is continuing. He also asked about the status of landscape fill elements on the site, and what exactly is being removed: " - Discussion ensued on the site's grading and alleged dumping activity. Staff informed the Commission that Hiro's nursery is currently working with staff towards obtaining a grading permit, and that no current code violations exist on the property. Commissioner Scandura asked if there was evidence of illegal filling on the property. Staff responded that no evidence has been reported on other than what was brought to staffs attention by Ms. Madrigal. Commissioner Scandura asked about future filling standards. - Staff described drainage is an important issue because the associated impacts to the surrounding: residential properties. Staff.also'explained grading plan requirements. Scott Hess informed the Commission that the grading plan matters are outside of the Commission's jurisdiction. Commissioner Davis suggested adding the revocation process to the next Planning Commission Workshop Agenda, tentatively scheduled for sometime in April or May 2004. Discussion ensued over jurisdiction. (04p=0309) -12- PC Minutes March 9, 2004 Page 13 E-2. A MOTION WAS MADE BY DINGWALL TO DIRECT STAFF TO PROVIDE A WRITTEN COMPLIANCE REPORT ON THE STATUS OF HIRO'S NURSERY. WITH NO SECOND, THE MOTION FAILED. PLANNING COMMISSION COMMENTS Commissioner Thomas — asked Commissioner Dingwall to consider requesting that staff prepare an overview on the status of Hiro's Nursery. Commissioner Scandura — stated that due to the current information provided by staff on Hiro's Nursery, a written report and future action on this item is unnecessary. He also asked Public Works staff to follow-up on the future signalization at the Heil Avenue and Graham Street intersection. Commissioner Ray — Absent Commissioner Davis — None Commissioner Shomaker — None Commissioner Dingwall — None Commissioner Livengood — Absent F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Herb Fauland, Principal Planner — reported on the Planning Department items heard before the City Council on March 1, 2004. F-2. CITY COUNCIL ITEMS FOR THE NEXT MEETING Herb Fauland, Principal Planner — reported on the Planning Department items scheduled before the City Council on March 15, 2004. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner — reviewed items for the regularly scheduled meeting of March 23, 2004. ADJOURNMENT: Adjourned at 9:45 p.m. to the next regularly scheduled meeting of March 23, 2004, Huntington Beach Civic Center. APPYPVED BY: H ward Zelefsky, Secretary tk-- Ron Davis, Chair (04p=0309) -13-