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HomeMy WebLinkAbout2004-08-10MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, AUGUST 10, 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, Stilton, Livengood, Dingwall Chair Davis welcomed Kristin Stilton as the newest member of the Planning Commission. Chair Davis confirmed staffs recommendation to continue Public Hearing Item No. B-1 to the next regular meeting of September 14, 2004. AGENDA APPROVAL — The Agenda was approved by acclamation, 7-0. A. STUDY SESSION ITEMS 1. ZONING TEXT AMENDMENT NO.03-01 (THROUGH LOT FENCING) — Herb Fauland Herb Fauland, Principal Planner, informed the Commission that due to the potential for revisions and additional information, staff is recommending continuance of Zoning Text Amendment No. 03-01 (Through Lot Fencing) during the Public Hearing portion of the agenda (Item No. B-1) to September 14, 2004. He continued discussion by providing an overview of staffs legislative draft (Attachment 1), the legislative draft as amended by Commissioner Scandura (Attachment 2), and an alternative fence design submitted by Commissioner Livengood (Attachment 3). He made reference to an exhibit of photographs that depict fence design prior to and following the 1988 ordinance change and identified late communication received on the item. Chair Davis referenced the exhibit of photographs and discussed the process of slope enhancement prior to and following the 1988 ordinance change. Chair Davis asked if the Huntington Harbor Property Owner's Association (HHPOA) must approve wall design within the harbor prior to construction. Staff stated that wall design approval from the HHPOA was not mandatory, and explained the HHPOA's role in the public hearing process. Commissioner Thomas asked staff to define through lots and explain the difference between primary and secondary frontages. Staff provided a definition and explaination. (04pcm0810) PC Minutes August 10, 2004 Page 2 Commissioner Dingwall asked Commissioner Livengood for the name of the party responsible for the slope drawings on Attachment 3.1. Commissioner Livengood declined to answer. Commissioner Dingwall asked for the number of parcels within the City. Staff answered approximately 75,000 to 80,000. Commissioner Dingwall identified inconsistencies on Attachment 2.1 and 2.2. Staff and Commissioner Scandura explained the figures and/or documentation identified. Commissioner Dingwall asked staff to confirm that the maps depicted on Attachment 6.14 identified 72 through lots in the Huntington Harbor.. Staff agreed. Commissioner Livengood presented late communication proposing recommended changes to the legislative drafts submitted by staff and Commissioner Scandura, including landscaping material sufficient to control erosion, rear yard setback determination, maximum slope allowance, maximum height requirements for walls and fences, and public notification requirements. Chair Davis asked how slope angles are determined. Staff explained the 3 to 2; or 1.5 to 1 ratio (slope angle) depicted on Attachment 3.1, and referenced examples identified in Alternatives A, B, C and D. Vice Chair Ray asked for the number of existing homes that comply with the 1.5 to 1 slope ratio on Attachment No. 3.1. Staff replied that the number was unknown. Vice Chair Ray asked how much yardage would be gained through Alternative D in the late communication provided by Commissioner Livengood. Commissioner Livengood explained that it would vary from house to house, and that some property owners would benefit more than others. He also explained that the goal of the recommendation was to provide flexibility. Commissioner Stilton discussed gained setbacks with alternate wall sizes and locations. Commissioner Thomas stated that she would prefer that retaining walls be in the ground, with either a 42" high wall added on above the wall or landscaping that extends above the height of the wall for increased privacy. She cited examples she found suitable within the Harbor. Commissioner Dingwall asked about the engineering criteria for 1.5 to 1 slope ratio. Commissioner Livengood answered that the Public Works Department calculated the formula. Commissioner Dingwall asked staff if earthquake faults are considered when calculating slope ratio. Staff responded that such a situation is taken into account when working drawings are submitted. Vice Chair Ray discussed concerns about privacy and security related to wall height. He also discussed Alternative D and the 2-foot retaining wall identified with a slope grade of 1.5 to 1. Commissioner Livengood added that he is recommending a minimum setback of 6 feet with landscaping. (04p=0810) PC Minutes August 10, 2004 Page 3 Chair Davis voiced concerns about massing of walls and add-ons, and discussed the conditional use permit (CUP) process and what level of expansion and backfilling is allowable to property owners. Commissioner Scandura voiced concerns about 4-foot walls and privacy. He recommended that property owners build 6-foot walls, and that homeowners are provided an option to include landscaping and/or decorative slope material such as steppingstones, decorative fencing, etc. Discussion ensued about the appropriateness of taking straws votes during the study session. Commissioner Ray recommended more time to closely examine how the proposed alternatives will impact the affected Huntington Harbor properties. The Commission agreed to take action when the item was presented during a public hearing. Commissioner Stilton suggested that Commissioner's Livengood and Dingwall present their proposals. Commissioner Livengood discussed development standards, the CUP process, rear yard setbacks, whether or not to allow visible hardscape, accessory structures and permitted fences and walls. Vice Chair Ray asked why the proposal did not include landscaping. Commissioner Livengood referenced landscape information provided on Attachment 2.1. Commissioner Scandura discussed allowing a limited percentage of visible hardscape. Chair Davis stated that the percentage limit must be narrowly defined with language that spells out exactly what will be allowed. Vice Chair Ray added that visible hardscape must be practical and aesthetically pleasing. Commissioner Dingwall commented that 6-foot walls hardly provide security. He voiced concerns about property owners modifying slopes designed by licensed engineers, and how the proposed ordinance relates to only 76 lots out of approximately 85,000 parcels in the City. He discussed retaining walls at or near the property line with backfill to expand usable square footage at the top of the slope, and voiced concerns about how slopes are affected by earthquake fault lines, high winds and heavy rains. He commented on the Huntington Harbors Covenant's, Conditions and Restrictions (CC&R's) duly recorded for each lot and a part of the grant deed. Commissioner Scandura discussed walls heights that are allowable prior to requiring a CUP. Chair Davis requested that Public Comments be held prior to Agenda Review. (AGENDA ITEMS WILL BE LISTED IN THEIR ORIGINAL ORDER) B. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — Herb Fauland, Principal Planner, outlined items on the 7:00 p.m. agenda and identified late communication received on public hearing items. C. 'PLANNING COMMISSION COMMITTEE REPORTS — None. (04p=0810) PC Minutes August 10, 2004 Page 4 D. PUBLIC COMMENTS — Renarding Study Session portion of Meetin Jackie Satterthwaite, Mariana Circle, spoke in opposition to Study Session Agenda Item No. A- 1, Zoning Text Amendment No. 03=01 (Through Lot Fencing). She discussed property rights and what constitutes aesthetic beauty.. She distributed photographs of existing slopes and voiced concerns about slope erosion, security and privacy. Randy Furhman, Roundhill Drive, spoke in support of Study Session Agenda Item No. A-1, Zoning Text Amendment No. 03-01 (Through Lot Fencing). He discussed items not addressed by staff that were recommended by the City Council. Thomas Kiesewetter, Melville Circle, spoke in opposition to Study Session Agenda Item No. A- 1, Zoning Text Amendment No. 03-01 (Through Lot Fencing). He. described double -fronted lots on Gilbert Island as unique, and stated that no neighbor conflicts exist, but that Gilbert Island residents would like to be kept informed. Rick Taylor, Wellington Circle, spoke in opposition to Study Session Agenda Item No. A-1, Zoning Text Amendment No. 03-01 (Through Lot Fencing), and provided support for continuing the item's public hearing to September 14,-2004. Mike Palikan, Westport Drive, spoke in opposition to Study Session Agenda Item No. A-1, Zoning Text Amendment No. 03-01 (Through Lot Fencing). He referenced a disclosure statement for property outside an earthquake fault and discussed yard expansion. He also discussed security issues and requested that the Commission find a compromise. Steve Rowell, Melville Circle, spoke in opposition to Study Session Agenda Item No. A-1, Zoning Text Amendment No. 03-01 (Through Lot Fencing). He informed the Commission that he was just made aware of the item, and discussed private property rights, aesthetics and uniqueness within the community. Mike Mance, Mariana Circle, spoke in opposition to Study Session Agenda Item No. A-1, Zoning Text Amendment No. 03-01 (Through Lot Fencing), and supports expansion and uniqueness. Marlene Lopin, Roundhill Drive, spoke in support of Study Session Agenda Item No. A-1, Zoning Text Amendment No. 03-01 (Through Lot Fencing). She discussed slope deterioration, Covenants, Codes and Restrictions (CC&R's), and the Architectural Control Board responsible for evaluating property improvements and making recommendations to the Huntington Harbor Property Owners Association (HHPOA). Donna Mance, Mariana Circle, spoke in opposition to Study Session Agenda Item No. A-1, Zoning Text Amendment No. 03-01 (Through Lot Fencing). She discussed double frontage/corner lots, property owner's rights, and aesthetics as the true issue before the Commission.. Scott Dowds, Melville Circle, spoke in opposition to Study Session Agenda Item No. A-1, Zoning Text Amendment No. 03-01 (Through Lot Fencing). He described the request as relating to a few lots on Roundhill and Westport Drives, not Gilbert Island residents, and urged the Commission to keep the code as it currently exists, and to let the neighbors work out their owner issues. (04p=0810) PC Minutes August 10, 2004 Page 5 Moms Salem, Melville Circle, spoke in opposition to Study Session Agenda Item No. A-1, Zoning Text Amendment No. 03-01 (Through Lot Fencing), describing the request as "an issue with additional restrictions." 6:40 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, Stilton, Livengood, Dingwall AGENDA APPROVAL A MOTION WAS MADE BY DAVIS, SECONDED BY DINGWALL, TO MOVE PUBLIC HEARING ITEM NO. B-1 TO THE BEGINNING OF THE AGENDA, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Stilton, Livengood, Dingwall NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED A MOTION WAS MADE BY DAVIS, SECONDED BY RAY, TO COMBINE PLANNING COMMISSION REQUEST ITEMS E-1A AND E-1 D, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Stilton, Livengood, Dingwall NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED A MOTION WAS MADE BY SCANDURA, SECONDED BY RAY, TO APPROVE THE AUGUST 10, 2004 AGENDA AS MODIFIED, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Stilton, Livengood, Dingwall NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED AGENDA ITEMS WILL BE LISTED IN THEIR ORIGINAL ORDER (04p=0s10) PC Minutes August 10, 2004 Page 6 A. ORAL COMMUNICATIONS — None. B. PUBLIC HEARING ITEMS B-1. ZONING TEXT AMENDMENT 03-01 (THROUGH LOT DEVELOPMENT STANDARDS -CONTINUED FROM JULY 13, 2004 WITH PUBLIC HEARING OPEN): Applicant: City of Huntington Beach Request: To amend Chapters 210 and 230 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to regulate the placement of fencing, landscaping, and accessory structures within the rear and street side yards of through -lots. A through lot is defined as having frontages on two parallel streets. The proposed amendments are generally intended to prohibit fences and structures of any height on slopes and rear portions of a through lot, require the sloped portion of a through lot to be fully landscaped and require_any fence on a through lot to be located at top of grade, including fencing on the exterior side yard. Location: Citywide Proiect Planner: Paul Da Veiga - STAFF RECOMMENDATION: Motion to: "Continue Zoning Text Amendment No. 03-01 as proposed by the Beautification Landscaping and Tree Committee . and Planning Commission to September 14, 2004 with the public hearing open." A MOTION WAS MADE BY DAVIS, SECONDED BY RAY, TO CONTINUE ZONING TEXT AMENDMENT NOA3-01 (THROUGH LOT DEVELOPMENT STANDARDS) TO SEPTEMBER 14, 2004 WITH THE PUBLIC HEARING OPEN, BY THE FOLLOWING VOTE: AYES: Scandura, Ray, Davis, Stilton, Livengood, Dingwall NOES: Thomas ABSENT: None ABSTAIN: None MOTION APPROVED B-2. PUBLIC HEARING TO BE OPENED: COASTAL DEVELOPMENT (HUNTINGTON BEACH Wit 1 LANUZ GVN,CKMANSO I cnrft"O"I's - AMENDMENT TO CONDITIONAL USE PERMIT NO. 92-1R): Applicant: Peter - Haddad Property Owner: Huntington Beach Wetlands Conservancy Request: To amend Conditional Use Permit No. 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 permanent 4,200 sq. ft., one-story animal hospital/visitor center. The proposal. also includes site improvements consisting of an 8-foot high block wall along Pacific Coast Highway, parking lot re -striping, and an outside storage container. Location: 21900 Pacific Coast Highway (northeast comer of Newland Street and Pacific Coast Highway). Proiect Planner: Rami Talleh Rami Talleh, Assistant Planner, gave a staff report and PowerPoint presentation to the Commission. (04p=0810) PC Minutes August 10, 2004 Page 7 THE PUBLIC HEARING WAS OPENED. Gary Gorman, Huntington Beach Wetlands Conservancy (HBWC) spoke in support of the item. He discussed how the HBWC obtained grant money that made it possible to modify the site plan by including a permanent structure rather than the modular buildings originally proposed. He complimented staff, discussed landscaping, and requested that the proposed wall height remain unchanged. - Lena Yee Hayashi, HBWC, spoke in support of the item. She discussed the plant palate and preference for native plants, stating that it sets a good example for water conservation, is consistent with the goals of the General Plan and wetland habitat restoration. She described Myoporum as a pest plant material, and that it's an invasive species. She also discussed how CalTrans will remove non-native plants along Pacific Coast Highway (PCH), and requested that the Commission condition the project on native plant use. Rick Tripp, AES, spoke in support of the item. He discussed the active role played by AES, relocation of fences, lighting, parking lot configuration and walls, including implementation of a decorative wall on Newland Street. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING CLOSED. The Commission made the following disclosures: Commissioner Thomas spoke with Gary Gorman and visited the site; Commissioner Scandura spoke with Peter Haddad, Jim Robinson and Gary Gorman and visited the site; Vice Chair Ray spoke with Gary Gorman and visited the site; Commissioner Dingwall spoke with Gary Gorman and visited the site; Commissioner Livengood spoke with Gary Gorman, David Mott, David Prior and Luann Murray, visited the site and the Shipley Nature Center; Commissioner Stilton visited the site and was an active member of the Design Review Board (DRB) when the item was presented; Chair Davis spoke with Gary Gorman and an architect for the project, visited the site, and was present during project presentation to the DRB. Commissioner Livengood asked if a sidewalk was required on Pacific Coast Highway. Staff responded that the Public Works Department recommends sidewalk placement, and that a feasibility study is in process. Staff also stated CalTrans is responsible for making final recommendations on the public right-of- way. Commissioner Livengood asked -about curb and gutter and staff replied by stating that curb and gutter are included within the feasibility study. Commissioner Livengood voiced concerns about the lack of curbs and gutters along Pacific Coast Highway, north of the Santa Ana River, and informed the Commission that he would call for a condition related to sidewalk placement. He also discussed native plants that facilitate elimination of saltwater impact as a possible condition of approval. Commissioner Scandura asked about constructing a view wall versus a solid block wall, and what types of materials could be used. Staff discussed DRB's involvement in specifying wall materials, and the importance of the Commission deciding on a wall type tonight. (04p=0810) PC Minutes August 10, 2004 Page 8 Discussion ensued on the meandering wall and planter area at the property line, along with the 8-foot area in the CalTrans right-of-way that is covered with weeds and debris. Staff explained that the area referenced serves as a drainage swale, and that maintenance of the area had not been discussed. Gary Gorman, Huntington Beach Wetlands Conservancy, discussed the Cal Trans right-of-way drainage Swale, and voiced concerns about the appropriateness of placing curb and gutter in the area, inhibiting the purpose of the drainage swale. He also stated that the area is maintained by default. Commissioner Scandura suggested an agreement between the applicant and Cal Trans to maintain the 8-foot drainage swale within the right-of-way. Mr. Gorman asked that the project not be conditioned for maintenance of the drainage swale, and mentioned the possibility of using the "Adopt a Highway" program to keep the area free of weeds and debris. ' Commissioner Scandura pointed out inconsistent conditions related to native vegetation, suggesting that staff delete certain conditions identified on Attachments 5.4 and 5.5. Staff answered that standard conditions in Attachment 5.4 and 5.5 will be pre-empted by the conditions adopted with approval of the subject entitlements. Vice Chair Ray supported a condition for native vegetation and asked if the existing drainage swale was effective, and if adding curb/gutter would alter its effectiveness. _ Staff confirmed that the swale is effective, and that the feasibility study will provide findings on the appropriateness for curb/gutter, the destination of runoff, how grading will affect the roadway, etc.. . Vice Chair Ray asked if the applicant could meet with CalTrans to determine who will maintain the drainage swale. Staff responded that CalTrans will not enter into an agreement with a private party, and that the City would have to establish an agreement. Commissioner Stilton asked about a detailed landscape plan, specifically reviewed by the City's landscape architect, asking if a drip irrigation system were proposed. Staff responded that the issue would be determined when landscape plans are submitted. Commissioner Stilton asked about wall height and vertical elements and involving a botanist to study what species exist within soil. Chair Davis commented that the DRB is experienced to provide the best recommendation, and that no appeals have been filed on their action. He also asked if the requirement for curb/gutter_was conditioned on the project. Staff answered that no condition is currently proposed, that standard plans call for the requirement -of sidewalks, curbs/gutters, and that the feasibility study will provide a final recommendation on the appropriateness of sidewalks, curb/gutter. Chair Davis asked about the avenues to remedy the issue if the applicant is required to install sidewalk, curb, and/or gutter. Staff replied that the applicant may file -for arbitration through the Public Works Department.. (04p=0a10) PC Minutes August 10, 2004 Page 9 Discussion ensued about avenues of appeal or deferment. Commission Counsel asked for time to research uncertain issues prior to providing an opinion. Commissioner Livengood asked for a cost estimate on sidewalks, curb and gutter. Gary Gorman stated that cost estimates to widen PCH;' including plans, surveyors and storm drains were all part of the feasibility study submitted to Public Works. Commissioner Thomas asked about wall material, asking if the applicant would consider restricting view of the property by using split -faced block. Gary Gorman responded that providing public view of the property encourages trespassing. He explained that the existing 6-foot wall already provides a restricted view from passing vehicles, and that the Conservancy would prefer using a basic wall material approved by the DRB. Commissioner Thomas asked about the bicycle trail on PCH. Staff replied that the bicycle trail lies within the CalTrans right-of-way. Discussion ensued about the process of establishing an.agreement with CalTrans for maintaining the 8-foot drainage swale within the right-of-way. Staff explained that the request must be considered by the City Council. Commissioner Scandura stated that he would be proposing a condition that spells out maintenance requirements. A STRAW VOTE MOTION WAS MADE BY SCANDURA TO ADD CONDITION 2.c. ON ATTACHMENT 1.4 "REQUIRING THE USE OF DROUGHT TOLERANT AND/OR NATIVE LANDSCAPING." Commissioner Stilton asked and staff confirmed that conditions of approval relating to the landscape pallet were modified on November 7, 2001. Commissioner Dingwall requested using the term "emphasizing" in place of "requiring." The motion was amended and restated as follows: A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY RAY, TO ADD CONDITION 2.c. ON ATTACHMENT 1.4 "EMPHASING THE USE OF DROUGHT TOLERANT AND/OR NATIVE LANDSCAPING." AYES: Thomas, Scandura, Ray, Davis, Stilton, Livengood, Dingwall NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY RAY, TO STRIKE PARAGRAPHS 2 AND 3 OF CONDITION 6.a. ON ATTACHMENT 5.5 FOR CONDITIONAL USE PERMIT NO.92-1(R). Commission Livengood suggested and staff confirmed that the motion is unnecessary because the previous motion supersedes it. (04p=0810) PC Minutes August 10, 2004 Page 10 THE STRAW VOTE MOTION WAS WITHDRAWN. A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY DINGWALL, TO REVISE CONDITION 2. a. ON ATTACHMENT 1.4 TO READ: ."A SIX-FOOT BLOCK WALL SHALL BE DESIGNED TO PROVIDE VISIBILITY OF THE' PROPOSED HOSPITAWISITOR CENTER FROM PACIFIC COAST HIGHWAY." Commissioner Stilton reminded the Commission that the DRB had recommended a vertical design element (powder coated rails) to the proposed area wall. Chair Davis concurred, and stated that he would not support the motion. Vice Chair Ray asked what governing body reviews an item appealed at the DRB level. Staff answered the item would be forwarded to the Planning Commission. Vice Chair Ray added that he would not support the current motion. Commissioner Dingwall suggested that the Commission consider using wall design materials used by CalTrans (artistic, 3-dimensional plaques) that provide pleasing aesthetics and discourage graffiti. Commissioner Scandura explained that the applicant has limited funds, and that the proposed 6-foot meandering block wall with art features and landscaping also serves as a sound wall. Vice Chair Ray also recommended that the DRB be informed of the results of the feasibility study currently in process. THE STRAW VOTE MOTION WAS RESTATED; AND THE VOTE TAKEN AS FOLLOWS: AYES: Scandura, Dingwall NOES: Thomas, Ray, Davis, Stilton, Livengood ABSENT: None ABSTAIN: None MOTION FAILED Commission Counsel responded to earlier questions about the appeal process and explained the process of appealing a decision by the Director of Public Works. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD; SECONDED BY THOMAS, TO REVISE CONDITION 2. a. ON ATTACHMENT 1.4 BY ADDING LANGUAGE TO THAT CONSIDERS VIEW FENCING WITHIN THE 6 FOOT PORTION OF THE BLOCK WALL, PROVIDES SECURITY, PROHIBITS SOUND AND CONSIDERS ART ELEMENTS SIMILAR TO THAT USED BY CAL TRANS ALONG THE ENTIRE LENGTH OF THE WALL. (04p=0810) PC Minutes August 10, 2004 Page 11 AYES: Thomas, Scandura, Ray, Davis, Stilton, Livengood, Dingwall NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY DINGWALL, TO ADD A CONDITION THAT REQUIRES THE CITY TO ENTER INTO AN AGREEMENT WITH CALTRANS THAT REQUIRES THE APPLICANT TO MAINTAIN THE DRAINAGE SWALE WITHIN THE RIGHT-OF- WAY. Staff advised the Commission that requiring the City to enter into a legal agreement is not within their jurisdiction. THE MOTION WAS WITHDRAWN. A STRAW VOTE MOTION WAS MADE BY DAVIS, SECONDED BY SCANDURA, TO ADD A CONDITION THAT ENCOURAGES ESTABLISHING AN AGREEMENT BETWEEN THE APPLICANT AND CALTRANS FOR MAINTAINING THE DRAINAGE SWALE WITHIN THE RIGHT-OF-WAY. Gary Gorman requested that the City approach CalTrans on maintaining the referenced area, and other areas along PCH. AYES: Thomas, Scandura, Ray, Davis, Stilton, Livengood, Dingwall NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY THOMAS, TO APPROVE COASTAL DEVELOPMENT PERMIOT NO 03-17 AND ENTITLEMENT PLAN AMENDMENT NO.03-02 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Stilton, Livengood, Dingwall NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED (04p=0810) PC Minutes August 10, 2004 Page 12 C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED MAY 25, 2004 " A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO APPROVE PLANNING COMMISSION MINUTES DATED MAY 26, 2004, BY THE FOLLOWING VOTE: " AYES: Scandura, Ray, "Davis, Livengood, Dingwall NOES: None ABSENT: None ABSTAIN: Thomas, Stilton MOTION APPROVED D. NON-PUBLIC HEARING ITEMS — NONE. E. PLANNING COMMISSION ITEMS E-1. • PLANNING COMMISSION REQUEST ITEMS E-1 a. E-1 d. ITEMS." — Steve Ray — Ron Davis Chair Davis opened discussion by stating that items put on the agenda by the Commission must include a staff report and are for discussion purposes only, with no action taken. _ Vice Chair Ray" requested that the Commission be allowed to make a presentation and take action on "E° items, stating that history shows all items have been acted on when they were presented. -He also requested that staff correct an error by removing the word "future' under the E.1 title. A MOTION WAS MADE BY RAY, SECONDED BY LIVENGOOD, TO CORRECT STAFF'S MISINTERPRETATION AND UNAUTHORIZED REWORDING OF PLANNING COMMISSION PROTOCOL NO.26, "E-1. PLANNING COMMISSION REQUEST ITEMS", BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Stilton, Livengood, Dingwall NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED (04p=08W) PC Minutes August 10, 2004 Page 13 E-1b. MINUTE ACTIONS TO CITY COUNCIL REGARDING TRAFFIC ISSUES FOR STREETS IN AREAS ADJACENT TO PACIFIC CITY — Steve Ray Vice Chair Ray explained his proposed minute action designed to communicate to the City Council concerns related to certain intersections impacted by the Pacific City Project. Commissioner Scandura voiced concerns and opposition to vague, ambiguous direction to the City Council, stating that the Commission is not experts in traffic engineering. Chair Davis called for a vote and echoed Commissioner Scandura's comments about the Commission's qualifications to provide direction on traffic related impacts. He also stated that the Commission would lose credibility by forwarding the proposed minute action to the City Council. Staff explained that the City's Transportation Manager reviews traffic circulation in the identified areas for pedestrian, vehicular and bicycle safety concerns. Commissioner Thomas stated that the area has obvious safety hazards, and that traffic -calming measures are definitely called for. Vice Chair Ray reminded the Commission that all of the proposed items were discussed during the entitlement process. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY STILTON, TO APPROVE MINUTE ACTIONS REGARDING TRAFFIC ISSUES FOR STREETS IN AREAS ADJACENT TO PACIFIC CITY AND FORWARD TO THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES. Thomas, Ray, Stilton, Livengood, Dingwall NOES: Scandura, Davis ABSENT: None ABSTAIN: None MOTION APPROVED E-1c. CONSIDERATION TO APPROVE THE REMAINDER nF T14F — Steve Ray Vice Chair Ray discussed recommendations made in the final report by the Public Hearing Subcommittee and requested that the Commission consider forwarding the entire proposal to the City Council. Commissioner Scandura voiced support for parts of the report but recommended that the Commission schedule the item for a study session prior to forwarding the request to the City Council for final consideration. Commissioner Dingwall suggested scheduling the item for study session on September 28, 2004. (04p=0810) PC Minutes August 10, 2004 Page 14 A MOTION WAS MADE BY DINGWALL, SECONDED BY STILTON, TO CONTINUE CONSIDERATION TO APPROVE THE REMAINDER OF THE PROPOSED PLANNING COMMISSION PUBLIC HEARING PROCESS ITEMS TO THE SEPTEMBER 28, 2004 STUDY SESSION, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Stilton, Dingwall NOES: Ray, Livengood ABSENT: None = ABSTAIN: None MOTION APPROVED E-1 d. ITEMS." — Steve Ray APPROVED AS AMENDED 7-0 (SEE NO. E-1A ABOVE) E-2. - PLANNING COMMISSION COMMENTS Commissioner Thomas — None. Commissioner Scandura — welcomed Kristin Stilton to the Planning Commission, and thanked Dave Webb, City Engineer, for prompt fence repair at Marine View Park. Commissioner Ray - announced that the Shipley Nature Center is holding an event titled "Celebration of Progress" on Saturday, September 18, 2004 at 10:00 a.m. Commissioner Davis — None. Commissioner Stilton — None. Commissioner Livengood — asked about the process of a Commissioner member submitting a request to place an item on the agenda. The Chair explained that he and staff should -be notified one week prior to the meeting, preferably before agenda review on the first and third Tuesdays of each month at 8:30 a.m. Commissioner Dingwall — discussed information provided in a memorandum from the City Attorney dated July 13,2004 regarding protocol. 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 August 2, 2004. (04p=0810) PC Minutes August 10, 2004 Page 15 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 August 16 and September 7, 2004. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner — reviewed items for the next regularly scheduled meeting of September 14, 2004. ADJOURNMENT: y:� aurned et 9:15 p.m. to the next regularly scheduled meeting of September 14, 2004, 1-11untiinytvn Beach Civic Center. The August 24, 2004 meeting has been cancelled. APPROVED BY: J��' 4 ;;L� — HdWard Zelefsky, Secretary G Ron Davis, Chair (04p=D810)