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Home My WebLink About2004-04-27MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, APRIL 27, 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 P P P P P P P ROLL CALL: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood (Vice Chair Ray arrived at 5:19 p.m.; Commissioner Shomaker arrived at 5:45 p.m.; Commissioner Scandura arrived at 6.00 p.m.) AGENDA APPROVAL — APPROVED 5-0-2 (Shomaker, Scandura — Absent) A. STUDY SESSION ITEMS 1. GENERAL PLAN AMENDMENT #04-01 (NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM - NPDES) — Jason Kelley Jason Kelly, Assistant Planner, provided a staff report that outlined the proposed changes affecting Elements of the General Plan including Land Use, Environmental Resources/Conservation, Circulation, Utilities and Growth Management. Discussion ensued on the following sections of the Legislative Draft: Environmental Resources/Conservation Element ➢ Water Resources and Water Quality Management ■ Is Blackbird Pond located near the Shipley Nature Center considered an inland lake? ■ Discussion on groundwater -fed lakes ➢ Policy ERC 6.1.3 and 6.1.5 ("Best Management Practices" defined by staff, and discussion on substituting the term "approved") ➢ Policy ERC 6.1.9 (strike language "where appropriate and feasible") 'Circulation Element ➢ Implementation Programs/Development Review ■ Discussion of maintaining low, overhanging plant material Utilities Element ➢ U 1.3.4 (discussion of what is considered "economically feasible") ➢ U 1.4.3 (add "or" and keep "benefit assessment districts" recommended to strike) PC Minutes April 27, 2004 Page 2 Growth Management Element ➢ GM 5.1.3 (discussion of what is considered "economically feasible") ➢ I -GM 5 c) (discussed substituting the term "encourage" for "require") ➢ I -GM 7 a) (discussed evaluation of drainage fees every "three" instead of "five" years) 2. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — Scott Hess Scott Hess, Planning Manager, identified late communication on Public Hearing Item No. B-1 (Pacific City), and informed the Commission of a correction made to the staff report for Non -Public Hearing Item No. D-1 (General Plan Conformance No. 04-01). B. PLANNING COMMISSION COMMITTEE REPORTS - None PUBLIC COMMENTS — Regarding Study Session portion of Meeting - None 6:30 P.M. — RECESS FOR DINNER 7:00 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 A MOTION WAS MADE BY LIVENGOOD, SECOND BY DINGWALL, TO MOVE AGENDA ITEM NO. D-1 FORWARD, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY THOMAS, SECONDED BY SCANDURA, TO APPROVE THE REVISED MEETING AGENDA FOR APRIL 27, 2004, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (04p=0427) PC Minutes April 27, 2004 Page 3 AGENDA ITEMS WILL BE LISTED IN THEIR ORIGINAL ORDER A. ORAL COMMUNICATIONS Jim Adams, Los Angeles/Orange Counties Building & Construction Trades Council representing local unions, spoke in support of Public Hearing Item No. B-1 (Pacific City). After personal review of the project, he discussed his excitement for building trade unions interested in local jobs, stating that the developer is committed to using union workers. He also discussed a stimulated economy through tax revenue generation. Sylvia Carr, representing the Pacific City Action Coalition (PCAC), voiced concerns related to Public Hearing Item No. B-1 (Pacific City). She discussed possible conflicts of interest among the third party consultants being considered for soil remediation, and outlined the PCAC's objections,to Chevron's power and influence over the project and the city. She discussed a lawsuit filed in Texas about a pipeline that carried diesel fuel, causing contaminated soil. She also discussed clean up on the Pacific City site by Chevron, and Chevron's secrecy and lack of disclosure relating to soil contaminants. Doug Traub, Conference & Visitors Bureau, spoke in support of Public Hearing Item No. B-1 (Pacific City). He discussed employment for local trade unions, and how the project will- . increase tourism in the City along side the Hyatt and Waterfront Hilton hotels, and future Bella Terra and Strand developments. He urged the Commission to close the 31-acre gap and - approve the request. David Ball, Iron Workers, spoke in support of Public Hearing Item No. B-1 (Pacific City), and tax revenue generation. Paul Cross, Huntington Street, voiced concerns related to Public Hearing Item No. B-1 (Pacific City). He discussed project delays, traffic, neighborhood intrusions, oil overlay districts; deed restrictions prohibiting onsite drilling, an oil island and dedication of a 20-ft corridor for public' access. He also discussed storm water treatment and a downward slope of the land at 18t Street and Atlanta Avenue, and Atlanta and Pacific View Avenue. - Kenny Scheidecker, Iron Workers Local 433, spoke in support of Public Hearing Item No. B-1 (Pacific City). Fred Speaker, former -Planning Commission member, spoke in support of Public Hearing Item No. B-1 (Pacific'City). He discussed his experience and knowledge in land use planning, and showed support for suggestions made by Commissioner Livengood. He complimented staff on an excellent job studying the project, and discussed establishment of the Downtown Specific Plan in 1995. ' He stated that the City will benefit fronm'this project, and that the project is -not overbuilt. Pat Davis, representing Makar Properties, spoke in support of Public Hearing Item No. B-1 (Pacific City). She complimented staff on an excellent job studying the project, and provided a background of her involvement in various civic groups and committees. As a public relations representative for Makar Properties, she discussed the goals of the Outreach Program, and how information is provided to the community via newsletter, website, homeowners associations, citizens groups, civic groups, merchants groups, service clubs, etc. She stated that Makar has walked neighborhoods, taken comments, held public meetings, and opened a Discovery Center at 1st Street and Pacific Coast Highway. Lastly, she stated that the City's cleanup standards are higher than other surrounding cities, and that the Fire Department is handling soil remediation well. (04p=0427) PC Minutes April 27, 2004 Page 4 Eileen Murphy, Huntington Beach, voiced concerns related to Public Hearing Item No. B-1 (Pacific City). She requested that the applicant guarantee cleanup of urban runoff on site, hire an independent contractor for soil remediation, and follow up on affordable housing if not built on site. Thomas Cross, Scenario Drive, spoke in support of Public Hearing Item No. B-1 (Pacific City). Hart Keeble, Egret Lane, spoke in support of Public Hearing Item No. B-1 (Pacific City). Adam Whitlow, Applewood Circle, spoke in support of Public Hearing Item No. B-1 (Pacific City). Rob Jason, Waterfall Circle, voiced concerns related to Public Hearing Item No. B-1 (Pacific City). He discussed traffic on Atlanta Avenue between Huntington and Delaware Streets, sidewalk placement on the north side of Atlanta between Vt Street and Huntington, and a right , hand turn lane at the intersection of Atlanta and Huntington. Bob Traver, Coho Drive, spoke in support of Public Hearing Item No. B-1 (Pacific City). He discussed dining and shopping, and urged the Commission give the project a final blessing and move forward on development, stating that the City was on top of the list for beach community locations. John Earl, Huntington Beach, voiced concerns related to Public Hearing Item No. B-1 (Pacific City). He discussed soil safety and Fire Department authority, stating that a community group choice is unprecedented. He also discussed labor unions and public distrust of staff and developers, and urged the Commission to not rush soil safety. Garry Brown, Orange County Coastkeeper, spoke in support of Public Hearing Item No. B-1 (Pacific City). He also voiced concerns related to urban runoff and treatment, numeric standards for beach discharge and drainage, and a regional approach to water quality with a financial mechanism that really works. Michael Gagnet, Makar Properties, thanked the community for publicly speaking on Public Hearing Item No. B-1 (Pacific City). He discussed Makar's confidence with the Fire Department's authority to chose a third party consultant for soil remediation. He also discussed NPDES permit requirements that will be met, and that Makar will participate in a regional solution for water quality and treatment. He called the project a vision in full conformance with all plans (General Plan, Local Coastal Plan, etc.) He was available for questions. WITH NO ONE ELSE PRESENT TO SPEAK, ORAL COMMUNICATIONS WAS CLOSED. (04p=0427) PC Minutes April 27, 2004 Page 5 B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1. PUBLIC HEARING CLOSED: TENTATIVE TRACT MAP NO. Applicant/Property Owner: Makallon Atlanta Huntington Beach, LLC, Ethen Thacher, 4100 MacArthur Blvd., Ste 200, Newport Beach, CA 92660 Request: TTM: A request to subdivide approximately 31.5 acres into three parcels for purposes of developing a mixed -use project. One of the parcels will be for residential condominium purposes and the other two parcels are for a commercialloffice/hotel development. In the residential portion of the project, there will be a 2.0-acre village park easement for public usage as well as a lettered lot for a private access road. CUP/CDP: A request to develop a mixed - use project consisting of retail, office, restaurant, cultural, and entertainment uses (up to 240,000 sq. ft.), a 400 room, eight -story hotel, spa and health club; a 2.0- acre open space/park easement; 516 condominium units above subterranean parking and associated infrastructure including the extension of Pacific View Avenue. The request also includes outdoor dining, alcohol beverage sales, live entertainment indoors and outdoors, and dancing within the proposed restaurants and hotel development; carts and kiosks within the commercial and hotel development; and valet service, parking entrance gates, attendant booths, and/or collection of fees within the below grade parking structures. In addition, the request includes a shared parking analysis which includes a reduction in the number of parking spaces required for the mixed -use- project (retail, office, restaurant, cultural, entertainment, hotel, and spa uses), and tandem parking spaces. Included in the request is to permit development on a site that has a grade differential greater than three (3) feet from the low to the high point (approximately 25' from the lowest point to its highest point); and for development in the Coastal Zone. Lastly, the request includes any additional soil remediation activities for the site to complement and complete the prior and on -going remediation activities, and may include but is not limited to excavation, temporary stockpiling, and on -site remediation. Three Special Permit'requests are as follows: 1) to allow commercial buildings to encroach.into the required setbacks along Pacific Coast Highway and Pacific View Avenue; 2) to allow three driveway ramps into the residential below grade parking structures at a slope of 15% in lieu of maximum 10%; and 3) to permit retaining walls and private patio walls in the required perimeter residential setback areas. A Conceptual Master Plan is included that provides an overall buildout plan of the commercial and residential portions of the site. Location: 21002 Pacific Coast Highway (31-acre site bounded by Pack Coast Highway, First Street, Atlanta Avenue, and Huntington Street). Project Planner: Scott Hess, Planning Manager STAFF RECOMMENDATION: Motion to: A) "Approve Tentative Tract Map No. 16338, Conditional'Use Permit No. 02-20, Special Permit No. 02-04, Coastal Development Permit No. 02-12, and the Pacific City Conceptual Master Plan with Findings, Staff Suggested Modifications, and Suggested Conditions Of Approval;" and, B) "Approve CEQA Statement of Findings and Fact with a Statement of Overriding Considerations." (04p=04Z7) PC Minutes April 27, 2004 Page 6 The Commission made the following disclosures: Commissioner Thomas spoke with City staff, Eileen Murphy and Julie Bixby; Commissioner Scandura spoke with Richard Harlow and Ethen Thacher, Makar Properties; Vice Chair Ray spoke with Pacific City Action Coalition members Mike Churchin and John Sisker, Jim Adams, Building Trades Council, Merrilee Madrigal, Steve Bone and Shawn Milburn, Robert Mayer Corporation, Mark Bixby, Dr. Jan Vandersloot, Meg Vaughn, California Coastal Commission, Larry Porter, Ethen Thacher, Richard Harlow, Fire Chief Duane Olson, Transportation Manager Bob Stachelski and other City staff; Commissioner Shomaker spoke with Richard Harlow and informed a concerned member of the public that she has no conflicts of interest related to the project, citing guidelines provided by the 2003 Mayor's Workshop; Commissioner Livengood spoke with Richard Harlow, Ethen Thacher, Geraldine Lucas, Scott Hess, Gary Gorman, Little Shell Project Manager and Gary Brown, Orange County Coastkeeper; Chair Davis spoke with Richard Harlow and John Erskine representing the applicant, Geraldine Lucas, Scott Hess and Joey Racano. Scott Hess briefly outlined the information provided in Staff Report B-1, including technical information and late communication. Commissioner Dingwall asked that the Commission reconsider a straw vote taken at the April 13, 2004 meeting related to affordable housing. Discussion ensued regarding state housing standards related to tenant ratio and proportion. A STRAW VOTE MOTION WAS MADE BY DINGWALL, SECONDED BY RAY, TO ADD LANGUAGE "THE SAME RATIO AND PROPORTION OF 1, 2 AND 3 BEDROOM UNITS, AND WILL REMAIN" TO CONDITION #2.b.3) ON ATTACHMENT 1.14. AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Commissioner Scandura voiced concerns about whether or not the Ocean View School District (OVSD) had met with the applicant to discuss the potential for affordable housing within their district. Staff stated that meetings have been held with the applicant's affordable housing consultant, and that an aggressive search is in process for affordable housing sites throughout the City. Vice Chair Ray referenced two archeological sites located on the project site (ORA 1582 and ORA 149), and discussed information located within the CEQA Act, Section 21083.2, Paragraph C that discusses mitigation measures, project funding and time limits. Commission Counsel Mulvihill stated that the applicant agrees to 100% funding. Commissioner Dingwall asked if affordable housing on a medium density site, i.e., 15-units or less, qualifies the developer for a density bonus. He also voiced concerns related to affordable housing requirements for a high -density (04p=0427) PC Minutes April 27, 2004 Page 7 development, and how it will affect the OVSD. Staff explained that no specific site has been identified for affordable housing in the OVSD. Commissioner Scandura asked about a draft affordable housing agreement, and adding a condition that guarantees a citywide search for affordable housing. Commissioner Livengood referenced a condition within the CUP that speaks to project impacts upon school districts. Commissioner Dingwall discussed information provided by the OVSD on how affordable housing may impact their district. He also asked staff to identify the number of projects with affordable housing elements that are never actually built. Staff explained the developer's affordable housing requirements, including the difference between what is required, and what qualifies a developer to receive a density bonus for additional units on a particular project. Staff also stated that Makar has to provide 39 units within a redevelopment area. Commissioner Thomas asked if the applicant was agreeable to scattering affordable units in an effort to decrease impacts to associated school districts. Staff stated that any project proposed to meet affordable housing requirements off -site, depending on its size, will require entitlement and will come before the Planning Commission for approval. Staff added that any project must be consistent with the goals of the General Plan in land use, density, etc., and that in 1996 input was collected from school districts on potential project impacts, and protections were put in place. Lastly, staff added it is not possible to condition a project that is not before the Commission, and that a draft affordable housing agreement makes sense because no specific site has been identified. Chair Davis spoke against setting precedence on where affordable housing units can be built. Commissioner Scandura referenced project -related concerns voiced by the OVSD in a letter dated April 13,: 2004. Commissioner Livengood referenced the 2-1 formula used when affordable units are built on property outside a redevelopment area. Staff explained that projects with 9 single units or less would be reviewed by the Zoning Administrator (ZA) through plan check, and that projects with 10 single units or more would come before the Planning Commission for approval.: . Vice Chair Ray asked if action taken on the CUP includes approval of the Affordable Housing Plan. Staff confirmed, referencing a condition noted on Attachment 1.14, item b. Chair Davis discussed the economic realities behind building affordable housing and bonus factors, asking why staff isn't recommending that the applicant build off -site so that the requirement doubles? Staff explained the reasons recommending building affordable units on -site, including the distribution factor around the community, affordable units similar to other market rate units, amenities, etc., and offsite development being concentrated within certain areas creating a lack of mix. (04p=0427) PC Minutes April 27, 2004 Page 8 Richard Harlow, consultant, discussed the existing market rate for apartments within the OVSD, the limited number of available parcels in the City, and the 60- year affordable period with applicable rent freeze options. He stated that no approvals on affordable housing were required tonight and suggested minute action to staff when appropriate. Commissioner Scandura voiced concerns about conditioning the developer to find a multi -unit property off -site given the high number of affordable units required for such a large project. Vice Chair Ray discussed purchase and rental plans, targeting a buyer for medium income housing and financing options. He recommended that 50% of the affordable units be for purchase only and located on the Pacific City site, with the remaining 50% rental units offsite possibly through rehabilitation of existing affordable units. Commissioner Shomaker discussed zoning and topping commercial units. Commissioner Dingwall asked about tenant's rights for individuals who reside in existing affordable units purchased for rehabilitation, and about enforcing the number of tenants within each dwelling. Staff stated that the number of persons who reside within a particular dwelling is regulated by the statewide housing code and is enforced by Code Enforcement. Staff also explained that existing tenants, if qualified for low-income housing, can stay or evacuate the premises when their lease expires. Michael Gagnet stated that Makar Properties is not opposed to the option of affordable housing off -site or outside the redevelopment area. Commission Shomaker asked if mobile homes qualify as affordable housing. Staff confirmed. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY THOMAS, TO ADD CONDITION #2.b.5 ON ATTACHMENT 1.14 BY INCLUDING LANGUAGE SUBMITTED BY COMMISSIONER SCANDURA REGARDING A CITIWIDE SEARCH FOR AFFORDABLE HOUSING. AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (04p=0a27) PC Minutes April 27, 2004 Page 9 A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY DAVIS, TO AMEND THE AFFORDABLE HOUSING AGREEMENT (ATTACHMENT 11) BY ALLOWING THE APPLICANT THE CHOICE OF BUILDING 39 AFFORDABLE UNITS ON SITE OR 78 UNITS OUTSIDE THE PROJECT AREA OR WITHIN THE REDEVELOPMENT AREA, PROVIDED THE UNITS HAVE THE SAME SQUARE FOOTAGE, CHARACTERISTICS, ETC. AYES: Thomas, Scandura, Davis, Shomaker, Dingwall, Livengood NOES: Ray ABSENT: None ABSTAIN: None MOTION PASSED Vice Chair Ray and staff discussed the Pedestrian Accessibility Plan identified on Attachment 1.17, Item 4.a. Commissioner Thomas discussed adding language related to Title 24 requirements for 2005 (CO2 sensors, variable volume exhaust fans, outdoor lighting) to Attachment 1.17, Item 1.b. Michael Gagnet stated that building permits are dictated by Title 24 regulations at the time they are issued. Vice Chair Ray asked if CO2 sensors and variable volume exhaust -fans are required. Staff confirmed. - - A STRAW VOTE MOTION WAS MADE BY THOMAS, SECONDED BY RAY, TO ADD LANGUAGE TO CONDITION #1.b. ON ATTACHMENT 1.17 RELATED TO TITLE 24 COMPLIANCE AND USE OF ENERGY EFFICIENT, PARKING GARAGE EQUIPMENT. AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Commissioner Livengood discussed adding condition #4.e related to traffic calming measures on Attachment 1.18. Chair Davis suggested discussing traffic calming measures later in the meeting. A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY THOMAS, TO ADD THE TERM "POCKET PARK" TO CONDITION #4.c. ON ATTACHMENT 1.18. AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (04p=0427) PC Minutes April 27, 2004 Page 10 Commissioner Scandura suggested the median identified on Attachment 1.18, 4.d be solidly landscaped. A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY THOMAS, TO ADD "SOLID LANDSCAPING" LANGUAGE TO CONDITION #4.d. ON ATTACHMENT 1.18. Discussion ensued regarding pedestrian access at Atlanta Avenue and Alabama Street. Vice Chair Ray suggested removing the condition and discussed his intentions of drafting a minute action to Council regarding relocation of the proposed traffic signal identified at the intersection of First Street and Atlanta Avenue. Commissioner Shomaker suggested breaks or walkways in the solid landscape median that would allow pedestrians to cross at certain points. Bob Stachelski, Transportation Manager, discussed the safety issues behind allowing pedestrians to cross at the identified median and stated his support for the Commission drafting a minute action to Council asking for a review of pedestrian access alternatives. Commissioner Dingwall called attention to Attachment 4.18 and the Pacific Electric Right -of -Way, suggesting that related information be considered when drafting a minute action regarding pedestrian access locations. Commissioner Livengood suggested making the condition all-inclusive, referencing condition #5.d. on Attachment 1.18 as another condition calling for traffic calming measures. Chair Davis suggested voting on the original motion that called for a solid, landscaped median. Staff recommended that the Commission keep the conditions intact, explaining that modifications to the project not considered within the Pedestrian Access Plan, Landscape Plan, etc., should be brought forth through minute action to the City Council. Commission Scandura restated his original motion to include a solid landscaped median, and added, "unless otherwise determined by the Public Works Department and/or Public Works Commission." The vote was as follows: AYES: -Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Commissioner Scandura suggested adding a condition that would call for use of drought resistant and/or Califomia-native landscaping material. (04p=0427) PC Minutes April 27, 2004 Page 11 Staff reminded the Commission of the City's water efficient landscape ordinance, and referenced information provided on Attachment 1.19; Item 6, indicating the Design Review Board's final role in review and approval of landscaping. Staff also suggested adding language that permits the applicant to use drought resistant landscape material that is consistent with approved landscaping material identified in the Downtown Specific Plan. Chair Davis asked if the applicant was agreeable to staffs suggested language. Michael Gagnet confirmed. A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY RAY, TO ADD CONDITION 94.e. ON ATTACHMENT 1.18 RELATED TO USE OF CALIFORNIA NATIVE AND/OR DROUGHT RESISTANT PLANTS CONSISTENT WITH LANDSCAPE PALLET REQUIREMENTS OF THE DOWNTOWN SPECIFIC PLAN. AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ' _ - ABSENT:. None ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY DAVIS, TO ADD THE TERM "POCKET PARK" TO CONDITION #5.f. ON ATTACHMENT 1.19. AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHOMAKER, .TO -STRIKE LANGUAGE RELATED TO FREE PARKING ON ATTACHMENT 1.19, ITEM #7. Discussion ensued regarding free parking offered in commercial parking structures downtown. Vice Chair Ray suggested amending the motion by changing the number of self- parking.spaces from 500 to 700. Mr. Gagnet cited other tourist attractions that use 500 as a base number, stating that Makar Properties would be opposed to increasing the number to 700. Staff expressed support for the parking conditions proposed. -Commissioner Thomas concurred with staff. Vice Chair Ray voiced support for modifying the condition by allowing 15-minutes of free parking instead of 30. (04p=0427) PC Minutes April 27, 2004 Page 12 Commissioner Dingwall suggested increasing the number of self -parking spaces by decreasing the number of reserve spaces in the valet parking area. Commissioner Livengood pointed out that the condition calls for at least 500 self - parking spaces, and that it should remain flexible according to demand and the customer service goals of the operator. The motion to strike "free parking" language was restated, and the vote taken as follows: AYES: Scandura, Davis, Shomaker, Dingwall, Livengood NOES: Thomas, Ray ABSENT: None ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY THOMAS, SECONDED BY RAY, TO ADD TRAFFIC CALMING LANGUAGE AS PROPOSED BY STAFF TO CONDITION #5.e. ON ATTACHMENT 1.19. Discussion ensued about the applicant's responsibility to fund 59% of the proposed intersection improvement costs. Commissioner Dingwall suggested amending the motion by raising the applicant's financial commitment from 59% to 100%. Vice Chair Ray asked staff to explain how they arrived at 59%, and who is responsible for funding the remaining 41%. Staff explained that the proposed project is expected to generate 59% of new traffic in the area, and that other area developers pay shares through traffic impact and associated fees. Staff also explained that street improvements for that specific area were planned prior to the applicant's request for entitlement. The motion was restated, and the vote taken as follows: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY THOMAS, TO ADD TRAFFIC CALMING LANGUAGE TO CONDITION #5.d. ON ATTACHMENT 1.18. Staff requested that the Commission include language that makes reference to a mitigation measure in the project EIR. Vice Chair Ray agreed. The vote was taken as follows: (04pcmO427) PC Minutes Apri127, 2004 Page 13 AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY DINGWALL, TO REQUIRE 700 SELF -PARKING SPACES AS IDENTIFIED IN CONDITION #7 ON ATTACHMENT 1.19. AYES: Thomas, Ray, Dingwall NOES: Scandura, Davis, Shomaker, Livengood ABSENT: None ABSTAIN: None MOTION FAILED A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY DINGWALL, TO ADD LANGUAGE "OR AS MODIFIED HEREIN" TO CONDITION #1 ON ATTACHMENT 1.19. AYES: Thomas, Scandura, Ray, Davis, Dingwall, Livengood NOES: Shomaker ABSENT: None ABSTAIN: None MOTION PASSED Commissioner Livengood referenced the proposed condition B on Attachment 2 of the B-1 handout that reduces the number of hotel rooms to lessen parking demand. He discussed inconsistencies between proposed and code -required parking, compared area hotel acreage and number of rooms, and discussed the estimated number of patrons who will park in a downtown structure and walk to the project. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO ADD CONDITION "B" ON ATTACHMENT #2 OF THE B-1 HANDOUT AS CONDITION #1.g. ON ATTACHMENT 1.17 REQUIRING THE APPLICANT TO REDUCE THE NUMBER OF HOTEL ROOMS FROM 400 TO 300 TO REDUCE TRAFFIC IMPACTS. Commissioners Dingwall, Davis and Thomas voiced opposition to the motion. Commissioner Scandura thanked Commissioner Livengood for providing the parking demand analysis. He also voiced concerns related to building height and how high priced hotels along the coast may not meet the goals of the coastal act to provide a visitor -serving use. He voiced support for reducing the number of rooms, and that they be offered at an affordable rate. Vice Chair Ray asked if an "all suites" hotel had been previously considered. Mr. Gagnet replied no, and reminded the Commission that the parking numbers were calculated based on an approved shared parking methodology. He also (04p=0427) PC Minutes April 27, 2004 Page 14 discussed the parking surplus of 171 spaces, stating that Makar's request will remain as proposed. Vice Chair Ray voiced concerns about massing, and about parking calculations based on assumptions. Chair Davis discussed the City's demand for overnight accommodations, and how the project complies with standards and recommendations identified in the Downtown Specific Plan. He also discussed how traffic and urban runoff issues are, and will remain, present in any sizeable development. Commissioner Livengood asked if the applicant would consider reducing the commercial or retail area by 20,000 square feet rather than reduce the number of hotel rooms to gain additional square footage for parking. Mr. Gagnet stated that if conditioned, Makar would like the choice of either reducing the retail and/or office square footage, or reduce the number of rooms in order to gain additional square footage for parking. Commissioner Livengood amended the motion by allowing the applicant the choice of where to reduce square footage in order to gain approximately 100 parking spaces. Commissioner Scandura voiced opposition to reducing retail square footage and withdrew his second to Commissioner Livengood's amended motion. Chair Davis seconded the amended motion. Commissioner Thomas asked if reducing the front setback on Pacific Coast Highway would help gain additional square footage. Mr. Gagnet replied that increase in square footage would be minimal. Staff reminded the Commission that the applicant submitted a revised plan that reduced the project by approximately 50,000 square feet, resulting in a surplus of approximately'170 parking'spaces during peak hours. Staff also stated that parking calculations were based on Urban Land Institute criteria, and although staff does not support a reduction of square footage, it may behoove the Commission to allow the applicant a choice in square foot reduction methods to gain additional parking spaces. After further consideration, Chair Davis withdrew his second to the motion. Vice Chair Ray seconded the amended motion. Richard Harlow explained that the overall difference equates to approximately 13% for joint use parking. He also suggested that staff provide an explanation of the parking deficit. Staff explained how the proposal equates to a 30-space shortage from what is required in the Downtown Parking Master Plan. Commissioners Thomas, Dingwall, Scandura and Davis voiced opposition to the motion. Vice Chair Ray referenced the parking demand analysis done by Linscott Law & Greenspan that addresses proposed land uses for hospitality (hotel/vacation (04pcm0427) PC Minutes April 27, 2004 Page 15 ownership intervals) or "timeshares" identified on Attachments 6.14 and 6.15, asking if "timeshares" are part of the proposal. Staff replied no. Vice Chair Ray asked if the information should be ignored. Staff replied that timeshares are not a part of the project narrative. He also asked if Commissioner Livengood would consider amending his motion to reduce square footage to gain approximately 30 parking spaces, rather than 100. After further consideration, Commissioner Livengood withdrew his motion. Discussion ensued regarding noise, truck hauling, pile driving and security on site during construction. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY DINGWALL, TO ADD CONDITION #C10 ON ATTACHMENT 2 OF THE B-1 HANDOUT RELATED TO PROJECT HOURS OF CONSTRUCTION AS FOLLOWS: Construction: Mon. -Fri. 7AM — 6PM; Clean Up/Securing Area 6PM-8PM Construction/ Clean Up: Sat. 7AM — 5PM Pile Driving: Mon. -Fri. 8AM — 6PM Truck Hauling: Mon. -Fri. 8AM-513M AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Discussion ensued regarding enforcement of code requirements related to truck hauling and staging. A STRAW VOTE MOTION WAS MADE BY DINGWALL, SECONDED BY THOMAS, TO ADD LANGUAGE TO CONDITION #C10 ON ATTACHMENT 2 OF THE B-1 HANDOUT RELATED PROJECT HOURS OF CONSTRUCTION, TRUCK STAGING, AND SUPERVISION BY A 3Rn PARTY CONSULTANT. AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO MODIFY COMMISSIONER LIVENGOOD'S RECOMMENDED CONDITION 11 BY ADDING LANGUAGE RELATED TO THE RESIDENTIAL IMPACTS CREATED BY EMPLOYEE ENTRANCE AND PARKING ISSUES AS FOLLOWS: Employee entrance and parking plan is to be submitted to the Planning Director for approval. The entrance and parking is to be located in an area that minimizes (04p=0427) PC Minutes Apri127, 2004 Page 16 impacts on residents with a sign posted that reads "All Workers: No Noise Before 7:00 a.m. If Complaints Occur, You Will Be FineV. AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Uvengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Discussion ensued on water quality, with staff supporting the late communication language submitted by the Public Works Department related to applicant's submittal of a Water Quality Management Plan. Commissioner Scandura discussed a regional urban runoff treatment solution for the First Street watershed storm flows, and asked about the capital required to initiate the plan. Staff stated that long-term revenue would be required, and that it expects to earn the revenue through state and/or federal grant programs. Staff discussed the measures necessary for infiltration, diversion, and permeable products. Vice Chair Ray asked staff how if a delineated wetland is found on the project site it would be affected by the applicant's drainage plan. Staff not sure on this as there is no delineated wetland on -site, and stated that it may or may not be incorporated into a drainage pattern because of residual, moist soil. Vice Chair Ray identified an area north of Pacific View with residual drainage, asking if it tied in through the big shell wetland, or the channel. Staff stated that areas he identified are hydrologically separated, and don't connect. Chair Davis asked who would be responsible for creating -a citywide Urban Runoff Treatment Trust Fund? Staff replied that a dedicated funding source had not yet been established, that the request would have to be -heard by a subcommittee, and ultimately receive City Council approval. ; Chair Davis stated that there should be some type of limitation for the developer to ensure return on costs if the capital is not used within a reasonable amount of time. Staff agreed, and -discussed a sunset clause -or bond issue, and that typical reimbursement periods are 10 to 20 years. Commissioner Scandura suggested that if a sunset clause or bond issue were to be considered, that the draft language be generic. He also asked if it was appropriate to be included as a condition within the CUP. '. Staff discussed downtown drainage and diversion rates, includirig-how the regional water system operates; and the shift in drainage pattems'that relieve the applicant from providing a filtration system on site. Vice Chair Ray inquired about the filtration system's ability to treat bacteria, contaminants and viruses. Staff stated that it was uncertain as to the viability of options and technology for such an activity, and if a condition were to be constructed, that it be developed through a Council subcommittee. (04P=0427) PC Minutes April 27, 2004 Page 17 A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO ACCEPT LANGUAGE SUBMITTED BY PUBLIC WORKS STAFF RELATING TO THE APPLICANT'S SUBMITTAL OF A WATER QUALITY MASTER PLAN AND NECESSARY REQUIREMENTS PRIOR TO ISSUANCE OF ANY GRADING OR BUILDINGS PERMITS. AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY DAVIS, TO ACCEPT LANGUAGE SUBMITTED BY PUBLIC WORKS STAFF RELATING TO THE APPLICANT'S SUBMITTAL OF A REGIONAL URBAN TREATMENT SOLUTION FOR THE FIRST STREET WATERSHED STORM FLOWS. AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY SCANDURA, SECONDED BY DINGWALL, TO RECESS THE ITEM TO A SPECIAL MEETING ON WEDNESDAY, MAY 5, 2004 AT 7:00 P.M., COUNCIL CHAMBERS, HUNTINGTON BEACH CIVIC CENTER, 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR — No items. D. NON-PUBLIC HEARING ITEMS D-1. GENERAL PLAN CONFORMANCE NO.04-01 (VACATION OF RIGHT-OF- WAY EASEMENT) Applicant/Property Owner: Jim Daniel Request: To determine whether the vacation of a 10-foot right-of-way easement is in compliance with the goals and policies of the General Plan. Location: 306 Indianapolis Avenue (south east comer of Indianapolis and Huntington) Pro ect Planner: Rosemary Medel, Associate Planner STAFF RECOMMENDATION: Motion to: "Adopt Resolution No. 1590 approving General Plan Conformance No. 04-01 with findings. (04p=0427) PC Minutes April 27, 2004 Page 18 The Commission made the"Wlowing disclosures: 'Commissioner Scandura visited the site; -Vice Chair Ray visited the site;.Commissioner Dingwall spoke with staff regarding a correction to the staff report Rosemary Medel, Associate Planner; gave a brief staff report. Discussion ensued on easement discovery and property improvements by the applicant. Commissioner Scandura asked about other easements, and if there were plans to widen Indianapolis Street. Staff stated that other easements exists, and that no plans were in process to widen Indianapolis Street. A MOTION WAS MADE BY DINGALL, SECONDED BY THOMAS, TO APPROVE GENERAL PLAN CONFORMANCE NO.04=01 (VACATION OF RIGHT-OF-WAY EASEMENT), BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None, ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS E4.. PLANNING COMMISSION REQUEST ITEMS FOR FUTURE MEETINGS — E-1a. Chair Ron Davis ;'A minute action recommendation by the Planning Commission to the City Council'of the following: "All funds generated from lease agreements between the City and wireless communication companies that propose wireless facilities within City parks shall be directed to the City's Park Fund for use in park acquisition and park maintenance. Motion to: "Direct staff to forward the minute action to the City Council." Due to the late hour, Chair Davis asked that the item be continued to May 11, 2004. RECESSED: At 12:15 a.m., April 28, 2004 to Wednesday, May 5, 2004 at 7:00 p.m., Huntington.Beach Civic Center. APP ED BY: Howard Zelefsky, Secretary Ron Davis, Chair (04p=0427)