HomeMy WebLinkAbout2004-10-12MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, OCTOBER 12, 2004
HUNTINGTON BEACH CIVIC CENTER
2000 MAIN STREET. HUNTINGTON BEACH. CAUFORNIA 92648
5:45 P.M. - ROOM B-8 (CITY HALL LOWER LEVEL)
CALL PLANNING COMMISSION MEETING TO ORDER
P P P P P P A
ROLL CALL: Thomas, Scandura, Ray, Davis, Stilton, Livengood, Dingwall
Commissioner Dingwall submitted notice to the Planning Department regarding his absence.
AGENDA APPROVAL
A MOTION WAS MADE BY THOMAS, SECONDED BY LIVENGOOD, TO APPROVE THE
PLANNING COMMISSION AGENDA OF OCTOBER 12, 2004, BY THE. FOLLOWING VOTE:
AYES: Thomas, Scandura, Ray, Davis, Stilton, Livengood
NOES: None
ABSENT: Dingwall
ABSTAIN: None
MOTION APPROVED
A. STUDY SESSION ITEMS
1. LANDSCAPING STANDARDS — Chuck Davis, City Landscape Architect
Chuck Davis, City Landscape Architect, provided a booklet produced by Tom Ash and
sponsored by the Municipal Water District (MWD) of Orange County entitled "Landscape
Management for Water Saving," and a compact disc presented by The Family of
Southern California Water Agencies entitled "Southern California Heritage Gardening
Guide." He also discussed the following points of information related to landscaping
standards:
• Circulation Element/General Plan policies (roadways/scenic highways, landscape
-corridors; medians)
• Huntington Beach Zoning and Subdivision Ordinance (ZSO) landscape requirements
(Chapter 232)
• Differences between energy efficient, drought tolerant and native landscaping
• Landscape element of entitlement processing _
• Landscape requirements within the Municipal Code
• Water District conservation/efficiency efforts . _ . - -
• Arboricultural landscape standards and specifications
• New development landscaping and water requirements
• Compliance with citywide Urban Design Guidelines
PC Minutes
October 12, 2004
Page 2
Commissioner Thomas asked if the City collects "gray water" similar to surrounding cities
for conservation purposes. Staff stated that the question should be directed to the Water
Department.
Commissioner Stilton asked about zero scope/drought tolerant planting. Staff confirmed
that the City uses materials that meet requirements of landscape architects.
Vice Chair Ray asked about dollar savings in water conservation. Staff responded that
the dollar figures are identified in the Ash booklet.
Vice Chair Ray and Commissioner Stilton asked who monitors the landscape activity on
new or redeveloped property. Staff replied the City Landscape Architect.
Commissioner Stilton asked if the City had discussed Tom Ashes program on "How to
Profit from a Water Efficient Future" with other municipalities. Staff answered no. Staff
also reminded the Commission that the study session was scheduled as a result of past
inquiries related to native versus drought tolerant landscaping.
Commissioner Thomas asked if Public Works and Code Enforcement staff were familiar
with drought -tolerant plant types. Staff answered yes.
Chair Davis informed the Commission that the City Landscape Architect also serves as a
member of the Design Review Board.
Vice Chair Ray asked staff to explain the Landscape Architects role in the entitlement
process. Staff described a 10-step process. Staff also stated that entitlements require
preliminary landscape plans.
Vice Chair Ray asked if landscape documents require a signature of approval. Staff
replied yes and explained that landscape, planting and irrigation plans are archived
documents and are saved as compact disc media files.
Commissioner Thomas asked about enforcing conditions on plant material subject to
change over the years. Staff replied that action is only taken if Code Enforcement spots
non -compliant plant material.
Commissioner Scandura reiterated that landscape standards are consistent throughout
the City's General Plan, ZSO, Urban Design Guidelines and Specific Plans.
Commissioner Stilton asked if the City offers new businesses landscaping incentives.
Staff answered none in fruition.
B. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — Herb Fauland
Staff provided an update on the remaining agenda items.
C. PLANNING COMMISSION COMMITTEE REPORTS — None.
D. PUBLIC COMMENTS — Regarding Study Session portion of Meeting — None.
6:30 P.M. — RECESS FOR DINNER
(04p=1012)
PC Minutes
October 12, 2004
Page 3
7:00 P.M. - COUNCIL CHAMBERS
PLEDGE OF ALLEGIANCE
CALL PLANNING COMMISSION MEETING TO ORDER
P P P P P P A
ROLL CALL: Thomas, Scandura, Ray, Davis, Sfilfon, Livengood, Dingwall
Commissioner Dingwall submitted notice to the Planning Department regarding his absence.
AGENDA APPROVAL
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO APPROVE THE
PLANNING COMMISSION MEETING AGENDA OF SEPTEMBER 14, 2004, BY THE
FOLLOWING VOTE: .
AYES:
Thomas, Scandura, Ray, Davis, Dingwall, Livengood
NOES:
None
ABSENT:-
None
ABSTAIN:
None
MOTION APPROVED
A. ORAL COMMUNICATIONS — None.
B. PUBLIC HEARING ITEMS
B-1. COASTAL DEVELOPMENT PERMIT NO.04-021CONDITIONAL USE PERMIT
NO.04-09/SPECIAL PERMIT NO.04-02 (ADDITION TO COMMERCIAL
BUILDING): Applicant: Jeff Bergsma Property Owner: LGB Investments, L.P.
Request: CUPICDP: To permit a ground -floor addition of approximately 1,189
square feet of retail floor area to an existing 6,270 square foot two story mixed
use building. Special Permit: To allow the ground floor addition at a zero build -
to -line (setback) along Main Street in lieu of the required five foot build -to -line.
Location: 526 Main Street (East side of Main Street, south of Acacia Avenue).
Proiect Planner: Paul Da Veiga
STAFF RECOMMENDATION: Motion to: "Approve Coastal Development
Permit No. 04-02/Conditional Use Permit No. 04-09/Special Permit No. 04-02
with recommended modifications, findings, and suggested conditions of
approval."
Paul DaVeiga, Associate Planner, gave a staff report and PowerPoint
presentation.
The Commission made the following disclosures: Commissioner Thomas visited
the site -and spoke with staff; Commissioner Scandura visited the site, spoke with
a resident and staff; Vice Chair Ray visited the site and spoke with a resident;
Commissioner Stilton visited the site; Commissioner Livengood visited the site;
and, Chair Davis visited the site.
(04p=1012)
PC Minutes
October 12, 2004
Page 4
THE PUBLIC HEARING WAS OPENED:
Jeff Bergsma, applicant with Team Design, spoke in support of the item and
discussed exterior improvements, adding square footage to the building frontage,
and providing 3 additional parking spaces. He stated that the request complies
with the Downtown Parking Master Plan and that changes recommended by the
Design Review Board have been incorporated. He also stated that he is
agreeable to staffs recommendations and conditions of approval, and was
available for questions.
Gil Aouizerat, LGB Investments, property owner, spoke in support of the item.
He discussed property enhancements at 438 Main Street and how the request
adds architectural fabric to Main Street. He was also available for questions.
WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS
CLOSED.
Commissioner Thomas indicted her support of the request and complimented the
project renderings provided for Commission review.
Commissioner Scandura provided similar sentiments and questioned whether to
consider striking certain findings that referred to general office uses that were not
being proposed as part of the project and included architectural elements that
were not being proposed by the applicant.
Vice Chair Ray asked about the rationale behind not requiring a 5-foot setback.
Staff explained that open air, outdoor dining requirements differ along storefronts
to encourage pedestrian activity, and that having facades aligned provides
consistency and rhythm with adjoining business. Staff also described why the 5-
foot setback requirement is implemented in high volume areas, and that
pedestrian activity decreases as you travel north on Main Street from Pacific
Coast Highway.
Vice Chair Ray asked if upstairs residents would remain during reconstruction.
Staff asked the applicant to provide a response. The applicant stated that
upstairs residents are not being asked to move because the project poses no
significant impacts, and that all municipal code requirements will be met.
Vice Chair Ray asked about the opening between the existing store and the
addition, and if the applicant's intent is to imply that the structure is all one. Staff
referenced the floor plan and stated that the commercial unit openings provide
access between the two units.
Vice Chair Ray asked if future tenants request a change, could the openings be
closed. Staff answered yes, but also explained that such a change would require
a tenant improvement plan and address assignment. Vice Chair Ray asked if
exterior access to the addition could be reached from the street. Staff responded
that the current plan does allow it, but that the plan could be revised.
Vice Chair Ray provided support for the request and complimented the project's
design, architectural features and additional parking spaces.
(04p ►,1012)
PC Minutes
October 12, 2004
Page 5
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO
APPROVE COASTAL DEVELOPMENT PERMIT NO.04-021CONDITIONAL
USE PERMIT NO.04-091SPECIAL PERMIT NO.04-02 WITH MODIFIED
FINDINGS AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE:
AYES:
Thomas, Scandura, Ray, Davis, Livengood,
NOES:
None
ABSENT:
Dingwall
ABSTAIN:
None
MOTION APPROVED
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.04-02:
Coastal Development Permit No. 04-02 to permit the construction of a 1,189 square
foot addition to an existing 6,270 square foot mixed use building 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 6 (Commercial/Office/Residential)
because the proposed use on the first floor will add to the variety neighborhood
commercial uses and will further the pedestrian oriented 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. The
project will conform to all development standards with the exception of the special
permit for development at a zero build -to -line (setback) along the front property line.
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 exist 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 and recreation opportunities.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.04-09:
Conditional Use Permit No. 04-09 to permit the construction of a 1,189 square foot
addition to an existing 6,270 square foot mixed use building, 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 project will
improve a visually degraded site and will enhance the appearance of the general
area. The project is consistent with the Downtown Specific Plan and Design
Guidelines and will add to the pedestrian character and "Village Concept" of the
Downtown Specific Plan.
2. The mixed use building will be compatible with surrounding uses because the
proposed construction of commercial uses are an extension of the existing character
in District No. 6, (Commercial/Office/Residential) which is comprised of several
(04p=1012)
PC Minutes
October 12, 2004
Page 6
neighborhood commercial and residential uses. It will include commercial and
residential uses that will add to the vitality and pedestrian orientation specifically
envisioned for this district and the downtown.
3. The commercial development 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. The project complies with all minimum development
standards including lot size, building height, floor area,, and floor area ratio. A special
permit has been requested to allow development at a zero setback along the front
property line.
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 and is consistent with the following goals and objectives of the City's
General Plan:
Land Use Element
Goal LU 4: Achieve and maintain high quality architecture, landscape, and public
open spaces in the City.
Policy LU 7.1.1: Accommodate existing uses and new development in accordance
with the Land Use and Density Schedules.
Goal LU 8. Achieve a pattern of land uses that preserves, enhances, and establishes
a distinct identity for the City's neighborhoods, corridors, and centers.
Policy LU 10.1.4: Require that commercial buildings and sites be designed to
achieve a high level of architectural and site layout quality.
Policy 11.1.7: Require that mixed -use development projects be designed to achieve
a consistent and high quality character, including the consideration of architectural
treatment of building elevations to convey the visual character of multiple building
volumes and individual storefronts.
Policy LU 15.2.2: Require that structures located in the pedestrian overlay zone be
sited and designed to enhance pedestrian activity along the sidewalks, in
consideration of the following guidelines:
a. Siting of the linear frontage of the building along the front yard property line to
maintain a "building wall" character, except for areas contiguous with the
structure use for outdoor dining or courtyards;
b. Assurance that areas between building storefronts and public sidewalks are
visually and physically accessible to pedestrians, except as may be required for
landscape and security;
c. Extensive articulation of the building facade and use of multiple building volumes
and planes;
d. Incorporation of landscape and other elements such as planter beds, planters,
and window boxes that visually distinguish the site and structure;
e. Use of roofline and height variation to break up the massing and provide visual
interest;
f. Visual differentiation of upper. and lower floors; and
g. Distinct treatment of building entrances.
(04p=1012)
PC Minutes
October 12, 2004
Page 7
The project incorporates a consistent building setback with existing buildings located
along Main Street. The proposed design incorporates roofline variation and
articulation along with decorative architectural details and elements. The project
also provides visual interest while enhancing the -pedestrian experience in the
downtown.
The subject property is located within Community Subarea I (Main Street, North of
Orange) and complies with its standards including a maximum of three (3) stories for
buildings occupying less than a full block. The project also complies with design
guidelines by providing an articulated facade and a pedestrian -oriented design.
FINDINGS FOR APPROVAL — SPECIAL PERMIT NO. 04-02:
1. The granting of a Special Permit (pursuant to Section 4.1.02 of the DTSP) in
conjunction with Conditional Use Permit No. 04-09 represents a request to permit the
-proposed ground floor addition at a zero setback along Main Street in lieu of the
required five-foot build -to setback. The Special Permit will result in a greater benefit
to the project and will promote a better living environment since the existing building
is already at a one -foot setback and the other buildings along the same block
frontage are also at a zero setback. The consistency of front setbacks creates a
familiar rhythm and pattern of development that visually ties the streetscape together
and creates a more pedestrian -friendly commercial environment. -
2. The granting of a Special Permit will provide better land planning techniques with
maximum use of aesthetically pleasing types of architecture, landscaping, site layout
and design. The General Plan encourages the building siting along the front yard
property line to maintain a building wall° character. The proposed addition will
continue along the same setback as the existing building as well as other buildings
along Main Street within the same block. District No. 6 of the Downtown Specific
Plan identifies the area as a mixed -use node consisting of neighborhood commercial
uses. The special permit will allow for the expansion of an existing neighborhood
commercial use, consistent with the existing market and other buildings within the
same block.
3. The granting of a Special Permit will not be detrimental to the general health,
welfare, safety, and convenience of the neighborhood or City in general, nor
detrimental or injurious to the value of property or improvements of the neighborhood
or of the City in general: The project complies with the parking requirements of the
Downtown Parking Master Plan, the development standards of the Downtown
Specific Plan, and the proposed addition and faced improvements will enhance the
appearance of a visually blighted building consistent.with the Urban Design
Guidelines.
4. The granting of Special Permits will be consistent with objectives of the Downtown
Specific Plan in achieving a development adapted to the terrain and compatible with
the surrounding environment. Enhanced architecture and entry design will be
provided in lieu of maintaining required setbacks for along the front property line.
The granting of a special permit will be consistent with the policies of the Coastal
Element of the City's General Plan and the California Coastal Act by allowing the
expansion of a neighborhood commercial use; thereby promoting pedestrian -
oriented development. The development complies with State and Federal Law and
(04p=1012)
PC Minutes
October 12, 2NA
Page 8
is subject to all standard construction and permitting procedures under the Uniform
Building Code.
CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO.04-021
CONDITIONAL USE PERMIT NO.04-091 SPECIAL PERMIT NO.04-02:
1. The site plan, floor plan, and elevations dated October 4, 2004, shall be the
conceptually approved layout with the following modifications:
a) The fagade design shall include prominent use of stone veneer and variation in
the stucco color in order to distinguish the first floor from the second floor.
b) Cornice shall wrap around all returns and span the entire length of all parapet
walls.
c) All parapet returns shall extend into the building a minimum of ten feet in length.
d) A landscape planter shall be provided in front of the handicap ramp at the front of
the building.
e) The trash enclosure shall be located outside of the visibility triangle, adjacent to
the driveway at the rear of the property.
f) Parking spaces shall meet the minimum code -required dimensions for a standard
space (9ft. width X 19 ft. depth).
2. Prior to submittal for building permits, the following shall be completed:
a) Submit a copy of the revised site plan, floor plans and elevations pursuant to
Condition No. 1 for review and approval, and inclusion in the entitlement file.
3. The mural located on the northerly fagade of the subject building shall not be altered
in any way and shall be protected during construction activities. Modifications to the
existing mural shall be prohibited. In the event the mural is damaged or altered
during construction activities at the site, the applicant/property owner shall be
responsible for restoring the mural to its original condition and shall be responsible
for all associated costs.
4. 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 Zoning
Administrator's action and the conditions herein. If the proposed changes are of a
substantial nature, an amendment to the original entitlement reviewed by the Zoning
Administrator may be required pursuant to the Huntington Beach Zoning and
Subdivision Ordinance.
5. The applicant and/or applicant's representative shall be responsible for ensuring the
accuracy of all plans and information submitted to the City for review and approval.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if
different from the property owner, and each of their heirs, successors and assigns, shall
defend, indemnify and hold harmless the City of Huntington Beach and its agents,
officers, and employees from any claim, action or proceedings, liability cost, including
attorney's fees and costs against the City or its agents, officers or employees, to attack,
set aside, void or annul any approval of the City, including but not limited to any
approval granted by the City Council, Planning Commission, or Design Review Board
(04p=1012)
PC Minutes
October 12, 2004
Page 9
concerning this project. The City shall promptly notify the applicant of any claim, action --
or proceeding and should cooperate fully in the defense thereof.
C. CONSENT CALENDAR
C-1. PLANNING COMMISSION MINUTES DATED AUGUST 10, 2004
RECOMMENDED ACTION: Motion to: "Approve:the August 10, 2004
Planning Commission Minutes as submitted."
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO
APPROVE THE PLANNING COMMISSION MINUTES DATED AUGUST 10,
2004, BY THE FOLLOWING VOTE:
AYES:
Thomas, Scandura, Ray, Davis, Stilton, Livengood
NOES:
None
ABSENT:
Dingwall
ABSTAIN:
None
MOTION APPROVED
D. NON-PUBLIC HEARING ITEMS — None.
E. PLANNING COMMISSION ITEMS
E-1. PLANNING COMMISSION REQUEST ITEMS — None.
E-2. PLANNING COMMISSION COMMENTS
Commissioner Thomas — asked about Overlook Park, and who is responsible
for Park security. Staff replied that the City owns the Park and is responsible for
Park security. She also encouraged the viewing public to watch the City Council
Candidate Forum to be broadcast on Thursday, October 14, 2004 at 7:00 p.m.
Commissioner Scandura — None.
Commissioner Ray — asked staff to follow-up on sandbagging and screening
efforts during construction on the Pacific City site. He also offered wedding
anniversary wishes to Shan, his wife of 21 years.
Commissioner Davis — None.
Commissioner Stilton — None.
Commissioner Livengood — None.
Commissioner Dingwall — Absent.
(04p=1012)
PC Minutes
October 12, 2004
Page 10
F. PLANNING ITEMS
F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Scott Hess, Planning Manager — reported on the Planning Department items
heard before the City Council on October 4 and 18, 2004.
F-2. CITY COUNCIL ITEMS FOR THE NEXT MEETING
Scott Hess, Planning Manager — reported on the Planning Department items
scheduled before the City Council on October 18, 2004.
F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING
Herb Fauland, Principal Planner — reviewed items for the next regularly
scheduled meeting of November 9, 2004.
ADJOURNMENT:
Adjourned to the November 9, 2004 Planning Commission meeting, Huntington Beach
Civic Center. The Planning Commission meeting of October 26, 2004 has been canceled.
Zelefsky,`Secretary
Ron Davis, Chair
(04p=1012)