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HomeMy WebLinkAbout2005-08-23MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, AUGUST 23, 2005 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET. HUNTINGTON BEACH. CALIFORNIA 92648 6:16 P.M. - ROOM B-8 (CITY HALL LOWER LEVEL) CALL PLANNING COMMISSION MEETING TO ORDER P P P P P P P ROLL CALL: Dwyer, Scandurs, Dingwall, Ray, Livengood, Burnet4 Horgan AGENDA APPROVAL THE AGENDA WAS APPROVED BY THE FOLLOWING VOTE: AYES: Dwyer, Scandura, Dingwall, Ray, Livengood, Burnett, Horgan NOES: None ABSENT: None ABSTAIN: " None MOTION PASSED A. STUDY SESSION ITEMS A-1. BEST MANAGEMENT PRACTICES — Robert Dingwall Commissioner Dingwall presented information provided in the California Stormwater BMP (Best Management Practices) Handbook developed by the California Stormwater Quality Association (CASQA). The following points were discussed: ■ Association and membership , ■ Private/public agency involvement ■ Endorsements ■ Code requirements letter ■ Guidelines versus rules ■ Interpretation Staff explained the process of providing applicants a letter that outlines zoning code requirements, and that BMP's are considered as a guideline when developing conditions of approval. Commissioner Dingwall expressed concerns about the lack of private agency involvement and endorsement. Commissioner Scandura explained that associations identified within the handbook (public entities, engineers, consultants, trade experts regulatory agencies) are broad - based and use the CASQA's BMP's to provide basic, high -standard parameters. (05p=0823) PC Minutes August 23, 2005 Page 2 A-2. PLANNING COMMISSION BYLAWS — Steve Ray Chair Ray continued the item to September 13, 2005. A-3. PLANNING COMMISSION PROTOCOL — Steve Ray Chair Ray and the Commission held a discussion and recommended revised language on the following items: . RULE- When abstaining from an. item due to a.conflict of interest, leave the room until the Commission concludes that item. (REVISE LANGUAGE) - PROTOCOL - Each planning -commissioner is solely responsible and accountable for their actions, including their behavior, statements, and decisions. No commissioner shall blame others for their actions, including City staff, fellow commissioners, elected officials, or members of the public. (REVISE PUNCTUATION) PROTOCOL - Comments deemed out of order are cause for the Chair to re -take the floor subject to Robeit's Rules of Order.' (CHANGE TO RULE) RULE - Commissioners shall submit all written materials related to agenda items by the Wednesday preceding the meeting that the items are heard. These materials shall be included in the staff report that is distributed to the commissioners, City staff, and the public for review. Any written materials that are not submitted by a commissioner in time for inclusion in the staff report are deemed a late communication. The Commission may consider by majority vote a late communication at the same meeting, or may authorize by a majority vote to continue the agenda item to a future meeting in order to allow time to examine the communication: (6/8/04) (REVISE'LANG(JAGE) PROTOCOL — Any Criticism of staff members shall be made in private; compliment them in public. Do not personalize your criticism towards_ staff (e.g., "you"); be general (e.g., "staff"). (REVISE LANGUAGE) - Commissioner Scandura voiced concerns about the distinction and enforcement of rules versus protocol. B. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — Herb Fauland Herb Fauland identified late communication items received on Public Hearing Item No. B-3 (Appeal of Conditional Use Permit No. 05-12 - Wynn Motor Sports). C. PLANNING COMMISSION COMMITTEE REPORTS — NONE. D. PUBLIC COMMENTS — Regarding Study Session portion of Meeting Mike Adams, Huntington Beach, provided comments on Study Session Item No. A-3 (Planning Commission Protocol) and Rule Nos. 5 and 6 related to the prohibition of public dialogue with the Commission, staff and/or audience, and the'applicant's choice of whether or not to speak at the beginning or end of the public hearing. (05P=823) PC Minutes August 23, 2005 Page 3 E. PLANNING COMMISSION COMMENTS Commissioner Dwyer reported on a scheduled overseas trip to Germany, and an upcoming German election. Commissioner Horgan questioned why Commissioner Dingwall's suggestion to publicly televise the citywide storm drain presentation remained on the study session calendar. Staff replied that a request was made to the Public Works department and the decision was forthcoming. A vote was taken by the Planning Commission to televise the presentation. The outcome of the vote is as follows: AYES: Dingwall, Ray NOES: Scandura, Livengood, Burnett, Horgan ABSENT: None ABSTAIN: Dwyer VOTE FAILED 6:30 P.M. — RECESS FOR DINNER 7:00 P.M. — COUNCIL CHAMBERS CALL PLANNING COMMISSION MEETING TO ORDER PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Dwyer, Scandura, Dingwall, Ray, livengood, Burnett, Horgan AGENDA APPROVAL A MOTION WAS MADE BY LIVENGOOD, SECONDED BY DINGWALL, TO APPROVE THE PLANNING COMMISSION AGENDA OF AUGUST 23, 2006, BY THE FOLLOWING VOTE: AYES: Dwyer, Scandura, Dingwall, Ray, Livengood, Burnett, Horgan NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED A. ORAL COMMUNICATIONS — NONE. (05p=823) PC Minutes August 23, 2005 Page 4 B. PUBLIC HEARING ITEMS B-1. TENTATIVE TRACT MAP NO. 16740, CONDITIONAL USE PERMIT NO.04-42 WELTER RESIDENTIAL DEVELOPMENT): Applicant: Michael Q. Adams - Reguest: TTM: To subdivide 1.90 acres of undeveloped land into one (1) lot for condominium purposes: CUP: To construct 28 attached townhome units in" clusters of seven with four units in each cluster. Location: -19150 Gothard Street (East side of Gothard Street, south of Garfield Avenue) Protect Planner: = Ram! Talleh STAFF RECOMMENDATION: Motion to: "Approve Tentative Tract Map No. 16740 and Conditional Use Permit No. 04-42 with suggested findings and conditions of approval." Commissioner Dwyer excused himself from action on the item due to a -conflict of interest. Rami Talleh, Assistant Planner, provided a staff report and PowerPoint presentation to the Commission. Commission disclosures: Scandura visited the site, spoke with staff and participated in discussion on the item during study session; Dingwall visited the site, spoke with the applicant, reviewed the plans, and took action as Planning Commission liaison with 'the Subdivision Committee; Ray took action as Planning Commission liaison with the Subdivision Committee, spoke with Mike Adams and the property owner; Livengood visited the site, participated in discussion on -the _ item during study session and took action as Planning Commission liaison with the Subdivision Committee; Burnett participated in discussion on the item during study session and visited the site;'Horgan visited the site and spoke with staff.,,, Comments/guestions included: ■ Discussion oil setbacks identified in conditions"of approval 1.a., 1'.b. and 1.e. on Att. 1:4" ■ 18-inch high raised planter identified in condition of approval 1.e. on Aft. 1.5 ■ Private open space ■ Patio setbacks ■ Garage door openings ■ Emergency vehicle access requirements ■ Removal of the proposed center median THE PUBLIC HEARING WAS OPENED: Mike Adams, Huntington Beach, spoke in support of the item and addressed concerns related to the additional 2-foot setback proposed for the three units perpendicular to Gothard Street, landscape setbacks, narrow drive aisles, patio modifications for private open space, substitution of parkway for median at entryway and affordable housing. Steve Stafford, Huntington Beach, provided comments related to post tension slab foundations, proper pump/drainage systems, and the importance of qualified experts to design ADA compliant driveways and sidewalks. (05pom823) PC Minutes August 23, 2005 Page 5 WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Commissioner Dingwall discussed the importance of a consistent tree pattern for new development along Gothard Street and separate water meters. Commissioner Scandura discussed architectural requirements and post tension slabs. He also mentioned that all City sidewalks and drive aisles must be ADA compliant. Chair Ray questioned the applicant's need to file for a variance fora setback on Unit 8. Staff explained how the landscaping provides an alternative for a variance requirement. Discussion ensued on eliminating the median and moving the northern planter to the south side of the proposed drive_ aisle. Fire Department staff voiced approval. Discussion continued on the draft Affordable Housing Program and language identifying units "for -sale as affordable", and whether they may be considered as rental property. Staff also explained related language included in the Holly Seacliff Specific Plan. Chair Ray reviewed suggested modifications to the conditions of approval as: • revise condition of approval 1.a. on Aft. 1.4 (eliminate median) ■ revise condition of approval 1.b, on Aft. 1.4 (3-foot wide landscape planter) • revise condition of approval 1.e. on Aft. 1.5 (10 ft. "at" 50 ft. maximum intervals) ■ design landscape template for new development along Gothard Street A MOTION WAS MADE BY LIVENGOOD, SECONDED BY DINGWALL, TO APPROVE TENTATIVE TRACT MAP NO. 16740 AND CONDITIONAL USE PERMIT NO.04-42 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Scandura, Dingwall, Ray, Livengood, Burnett, Horgan NOES: None ABSENT: None ABSTAIN: Dwyer MOTION APPROVED Mr. Fauland read into the record the appeal timeline and process. FINDINGS AND CONDITIONS OF APPROVAL -TENTATIVE TRACT MAP NO. 16740/ CONDITIONAL USE PERMIT NO.04-42 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15182 of the CEQA Guidelines because the City has (05p=823) PC Minutes August 23, 2005 Page 6 prepared an environmental impact report for the Holly Seacliff Specific Plan after January 1, 1980, therefore no environmental impact report or negative'declaration is needed for a residential project undertaken pursuant to and conformance to the specific plan. FINDINGS FOR APPROVAL - TENTATIVE MAP NO.16740: - 1. Tentative Tract Map No. 16740 for the consolidation of two parcels totaling approximately 1.90 acres (82,624 sq.'ft.) into one lot for condominium purposes is consistent with the General Plan Land Use Element designation of Medium Density Residential on the subject property,,or any applicable specific plan, or other applicable provisions of this Code. The proposed residential subdivision for the development of 28 townhome units is permitted in the Medium Density Residential (RM) designation of the Holly Seacliff Specific Plan (HSSP). 2. The site is physically suitable for the type•and density of development. The project density of 14.7 dwelling units per acre is compatible with the density of the surrounding developments. Furthermore the proposed development complies with the development standards of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and -the HSSP. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project will comply with all mitigation measures identified in Environmental Impact Report No. 89-1. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. The subdivision will provide'all necessary easements and will not affect any existing easements. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT -'NO. 04-42:- 1. Conditional Use Permit No. 05-21 for the construction of 28 two-story townhomes within seven buildings consisting of four units each will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed site layout and design of the project properly adapts the proposed structures to streets driveways, and other adjacent structures and uses in a harmonious manner. The proposed development is designed in a manner consistent with development anticipated by the Holly Seacliff Specific Plan and the immediate area_ Furthermore, the additional unit will not result in any_ adverse environmental impacts. The project will provide affordable housing to a segment of the population, which has limited available housing options at rates, which are affordable at the moderate -income level: 2. The conditional use permit will be compatible with surrounding uses because the proposed residential use is consistent and complementary to existing uses in the vicinity. The project design is similar to the residential project located to the north and south of the subject site and is in keeping with the rnulti-family neighborhood. Furthermore, compliance with the mitigation measures of Environmental Impact (05p=823) PC Minutes August 23, 2005 Page 7 Report No. 89-1 and code provisions will ensure that the project will be compatible with other area developments. 3. The proposed 28-unit townhome subdivision will comply with the provisions of the base district and other applicable provisions in the Holly Seacliff Specific Plan and any specific condition required for the proposed use in the district in which it would be located. The proposed residential units meet all code provisions, including setbacks, density, open space, and parking. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Medium Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 9.1.3: Require that multi -family residential projects be designed to convey a high level of quality and distincfive neighborhood character as discussed below: a. Design building elevations treatment to convey the visual character of individual units rather than a singular building mass and volume. b. Include separate and well-defined entries to convey the visual character of individual identity for each residential unit, which may be accessed from exterior facades, interior courtyards, and /or common areas. c. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. The proposed project will consist of attached townhome units that have separate patios surrounding each entry area. The use of different colors and materials will break up the mass of the buildings and will delineate the entry to the units. The landscape palette will comply with the community theme guidelines of the Holly Seacliff Specific Plan and will ensure landscape continuity along Gothard Street. LU 9 Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. LU 9.5 Provide for the development of housing for senior citizens, the physically and mentally challenged, and very low, low and moderate -income families. The project will provide five, three -bedroom units, which shall be made affordable to moderate -income households. The proposed affordable units will provide .opportunities for the diverse economic needs of existing and future residents of Huntington Beach. HE 3.1: Facilitate the development of housing for low and moderate -income households, which are compatible with and complements adjacent uses and is located in close proximity to public and commercial services. HE 3.1.1: Encourage the provision and continued availability of a range of housing types throughout the community, with variety in the number of rooms and level of amenities. (05pcm823) PC Minutes August 23, 2005 Page 8 HE 4.1: Mitigate any potential governmental constraints to housing production and affordability. The project will provide a total of 28 additional units. The type of units will include 23 market -rate units and five affordable units. The development is located in close proximity to existing commercial services located at the northwest corner of Main Street and Yorktown Avenue and the southwest corner of Goldenwest Street and Garfield Avenue. Policies UD 1.1.2: Coordinate streetscape and landscape design in all residential neighborhoods to strengthen their identities. The subject site is located within the HSSP, which provides Community Theme Guidelines intended to promote individual neighborhood identities and promote the interrelationships between complementary land uses and community open space features. The dwelling units are oriented parallel to streets. The applicant proposes a 15 feet wide landscaped planter along Gothard Street consistent with the landscaping requirements of the HSSP and providing the neighborhood identity and interrelationship of the area. CONDITIONS OF APPROVAL — TENTATIVE TRACT MAP NO. 16740: 1. The Tentative Tract Map No. 16740 for the consolidation of two parcels totaling approximately 1.90 acres (82,624 sq. ft.) into one lot for condominium purposes received and dated July 13, 2005 shall be the approved layout. 2. Prior to submittal of the tract map to the Public Works Department for processing and approval, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney, at least 90 days before City Council action on the final map. The CC&Rs shall reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. The CC&Rs must be in recordable form prior to recordation of the map. 3. The following conditions shall be completed prior to recordation of the Final Map: a. The draft Affordable Housing Program received and dated July 13, 2005 identifying five on -site units for -sale as affordable (based upon minimum 15% of the total 28 units proposed for the site), as amended by the conditions below, shall be the approved program. An Affordable Housing Agreement in accordance with the Affordable Housing Program shall be submitted to the Planning Department for review and approval by the City Attorney, and accepted by the City Council. Said agreement shall be recorded with the Orange County Recorder's Office prior to issuance of the first building permit for the tract. The Agreement shall comply with HBZSO Section 230.26 and include: i. A detailed description of the type, size and location of the five affordable housing for -sale units on -site. There shall be five units with three bedrooms. The for -sale units shall be dispersed throughout the project (one affordable unit per building). ii. There shall be five units affordable to moderate -income households (income level up to 120% of Orange County median). The Orange County median income is adjusted for appropriate household size. (05pcm823) PC Minutes August 23, 2005 Page 9 iii. Continuous affordability provisions for a period of 60 years. Any required for - sale affordable units shall be owner -occupied (not rented or leased). The affordable units shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first market rate residential unit(s) shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion of the affordable units. 4. A privately maintained lighting system, consistent with City standards, shall be constructed along the private driveways in this subdivision. A photometric analysis shall be provided which demonstrates that such lighting will not negatively impact the existing or future residences to the north, south and west. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.04-42: 1. The site plan, floor plans, and elevations received and dated July 13, 2005, shall be the conceptually approved design with the following modifications: a. The landscaped median located within the main entrance to the site shall be removed and relocated to either the north side of the drive aisle or the south adjacent to the sidewalk. b. A minimum three-foot wide landscaped planter shall be provided along the westerly side of Unit No. 8 between the building wall and abutting drive aisle. c. Walkways shall be extended to the open parking spaces located between Bldg. E, F and G. d. Grass-crete or turf -block shall be provided in front of the crash gate within the first 15 feet of the property along Gothard Street. Final Design of the emergency Fire Department exit shall be reviewed and approved by the Planning Department and Fire Department. e. In addition to the pilasters the proposed split face block wall located along Gothard Street shall incorporate a minimum 18-inch high raised planter for at least 10 ft. at 50 ft. maximum intervals. 2. The 15 ft. wide landscaped planter along Gothard Street shall be planted with 36-inch box evergreen trees (such as broadleaf evergreens) which will be maintained by the Home Owners Association to effectively screen the residences from existing industrial uses to the west. Tree maintenance shall be in accord with the International Society of Arborists (ISA) standards; "topping" is not permitted. Screening shall be from the top of the wall to the highest point of the tree without "topping" the tree. The tree -planting pattern shall be consistent with the planting pattern for the Bel Air (south of Ernest Avenue) and Bonanni subdivisions for a consistent pattern along Gothard Street. 3. Prior to submittal for building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans, elevations, and color schemes pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. b. Zoning entitlement conditions of approval and applicable code requirements shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. (05p=823) PC Minutes August 23, 2005 Page 10 4. Tentative Tract Map No. 16740 and Conditional Use Permit No. 04-42 shall comply with all applicable mitigation measures of FOR No. 89-1. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. B-2. COASTAL DEVELOPMENT PERMIT NO.04-15/CONDITIONAL USE PERMIT NO.04-47 (KOURY MIXED -USE DEVELOPMENT): Applicant: Jeff Bergsma Request: To permit construction of a three-story, 10,300 square foot mixed use building on a 5,150 sq. ft. vacant lot within District 5 of the Downtown Specific Plan. The project also includes a request to participate in the Downtown Parking In -Lieu Fee program for 11 parking spaces. Location: 214 Fifth Street (east side of Fifth Street between Olive Avenue and Walnut Avenue) Protect Planner: Ram! Talleh STAFF RECOMMENDATION: Motion to: "Approve Coastal Development Permit No. 04-15 and Conditional Use Permit No. 04-47 with suggested findings and conditions of approval." Rami Talleh, Assistant Planner, provided a staff report and PowerPoint presentation to the Commission. Commission disclosures: Dwyer visited the site; Dingwall visited the site, and took action as Planning Commission liaison with the Design Review Board; Ray visited the site; Livengood visited the site; Burnett visited the site and spoke with the applicant; Horgan visited the site and spoke with staff. Comments/questions included: ■ 3ro floor setbacks (front and rear loft) ■ Ground floor commercial, 2"d floor office and 3rd floor residential ■ Downtown Parking Master Plan (DPMP), Shared Parking Concept, In -Lieu Fee Program, metered spaces ■ Explanation of condominium map subdividing air rights ■ Architectural elements THE PUBLIC HEARING WAS OPENED: Jeff Bergsma, applicant, spoke in support of the item and addressed parking - related issues by explaining that the intent of redeveloping the downtown is to attract visitors in hopes of it developing into an intense, vital and urban, not suburban, area. (05p=823) PC Minutes August 23, 2005 Page 11 WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued. The Commission voiced concerns related to parking and building height. The Commission also complimented the applicant on a well - designed project. A MOTION WAS MADE BY SCANDURA, SECONDED BY DWYER, TO APPROVE COASTAL DEVELOPMENT PERMIT NO. NO.04- 15/CONDITIONAL USE PERMIT NO. 04-47 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Dwyer, Scandura, Ray, Livengood, Burnett NOES: Dingwall, Horgan ABSENT: None ABSTAIN: None MOTION APPROVED Mr. Fauland read into the record the appeal timeline and process. FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 04-47 COASTAL DEVELOPMENT PERMIT NO.04-15 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04-47: 1. Conditional Use Permit No. 04-47 for the construction of a three-story, 10,300 square foot mixed use building on a 5,150 sq. ft. vacant lot within District 5, mixed - use, of the Downtown Specific Plan and participation in the Downtown Parking In - Lieu Fee Program for 11 parking spaces 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 develop a vacant 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 Mediterranean and pedestrian character of the downtown. 2. The mixed -use building will be compatible with surrounding uses because the proposed construction of commercial, office, and residential uses are an extension of the existing character in Block C which is comprised of several neighborhood commercial and office uses and a mixed -use restaurant/residential use to the south. The proposed development will include commercial, office, and residential uses that will add to the vitality and pedestrian orientation envisioned for the downtown. 3. The proposed mixed -use building will comply with the provisions of the Downtown Specific Plan, District 5, and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance including maximum building height, maximum floor area ratio, parking, and permitted uses. 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 MV-F6/25-sp-pd (Mixed Use Vertical-2.0 FAR/25 du/acre-specific plan -pedestrian overlay) on the subject (05p=823) PC Minutes August 23, 2005 Page 12 property. In addition, it is consistent with the following goals and policies of the General Plan: 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. Goal LU9: Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. Policy LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Goal LU11: Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. 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: 1) Incorporation of uses that stimulate pedestrian activity in the first floor along the street frontage, encouraging professional offices, data computing, and other similar uses to be located in the rear or above the first floor unless economically infeasible; 2) 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; 3) 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; 4) Extensive articulation of the building fagade and use of multiple building volumes and planes; 5) Incorporation of landscape and other elements such as planter beds, planters, and window boxes that visually distinguish the site and structure; 6) Incorporation of arcades, courtyards, and other recesses along the street elevation to provide visual relief and interest; 7) Use of roofline and height variation to break up the massing and provide visual interest; 8) . Visual differentiation of upper and lower floors; (05pcm823) PC Minutes August 23, 2005 Page 13 9) Distinct treatment of building entrances; and 10) Use of pedestrian -oriented signage. As proposed, the project incorporates a building setback of five feet consistent with existing buildings located along Fifth Street. The Mixed Use General Plan designation identifies the site as located in a pedestrian overlay which promotes siting of the linear frontage of buildings along the front yard property line to maintain a "building wall" character of build to line of five ft. The Urban Design Guidelines indicate that downtown commercial development should create a familiar rhythm. This pattern of buildings with similar setbacks and scale visually ties the streetscape together and creates a consistent pattern of development. In addition, repetition of traditional facade components creates patterns and alignment that visually link buildings within a block. The proposed design incorporates roofline variation and articulation, and decorative architectural details/elements. The project also provides visual interest while enhancing the pedestrian experience in the downtown. The subject property is located within Community Subarea 1C (Abutting Downtown "Core") and complies with the standards for the subarea including a maximum building height of three (3) stories. The project also complies with the Urban Design Guidelines by providing an articulated facade and a pedestrian -oriented design through the use of design elements such as decorative stone tile and a glass storefront used to distinguish the ground floor commercial from upper floor office and residential uses. Policies UD 1.1.2: Reinforce Downtown as the City's historic center and as a pedestrian -oriented commercial and entertainment/recreation district by requiring new development be designed to reflect the Downtowns historical structures and adopted Mediterranean theme Policies - UD 1.4.1: Enhance the connections, where feasible between the public sidewalk and private commercial interior open spaces/courtyard The proposed mixed -use structure incorporates characteristics consistent with the historic structures in downtown such as similar scale and mass, pedestrian oriented storefronts, and distinction between upper and lower floors. The architecture adopts a Mediterranean theme by including stone columns and stone veneer on the first floor, arched storefront mullions, decorative stone cornices, and window treatments above the third floor windows. Furthermore, the proposed development will be constructed at a build to line of five ft. This will place the storefront five ft. from the public sidewalk to encourage window-shopping and an intimate downtown atmosphere. In addition, the building storefront wraps around to the south elevation where the main entrance is located to extend the pedestrian activities to the currently underutilized pedestrian parkway south of the subject site. Policy C 3.2.3 Encourage the provision of a variety of visitor -serving commercial establishments within the Coastal Zone, including but not limited to, shops, restaurants, hotels and motels, and day spas. The development consists of a mixed -use project, which includes retail ground floor units for visitor -serving commercial establishments. (05p=823) PC Minutes August 23, 2005 Page 14 FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.04-15: Coastal Development Permit No. 04-15 for the construction of a three-story, 10,300 square foot mixed use building on a 5,150 sq. ft. vacant lot within District 5, mixed - use, of the Downtown Specific Plan, 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 because the proposed uses, particularly 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 including setbacks, height, and parking. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure currently 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. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 04-471 COASTAL DEVELOPMENT NO.04-15: 1. The site plan, floor plans, and elevations received and dated August 17, 2005, shall be the conceptually approved design with the exception of the following modification: a. The architectural elements provided on the south and west elevations shall be provided on the north elevation of the building. 2. Prior to issuance of building permits a tentative map for the consolidation of two lots into one lot and the condominium subdivision of air rights for the two residential units shall be approved and recorded with the Orange County Recorder's Office. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. (05p=823) PC Minutes August 23, 2005 Page 15 B-3. APPEAL OF THE ZONING ADMINISTRATOR'S DENIAL OF CONDITIONAL USE PERMIT NO.05-12 (WYNN MOTORSPORTS): Applicant/Appellant: Phi Phong Request: To permit the establishment and operation of a motorcycle dealership within an existing commercial shopping center and an outdoor dining area in conjunction with an ancillary coffee house. Location: 21022 Beach Boulevard (southeast corner of Beach Boulevard and Atlanta Avenue) Project Planner: Rami Talleh STAFF RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 05-12 with suggested findings and conditions of approval." Rami Talleh, Project Planner, gave a staff report and made a PowerPoint presentation to the Commission. Commission disclosures: Dwyer visited the site; Scandura visited the site and spoke with the property owner; Dingwall visited the site; Ray visited the site and spoke with staff; Livengood visited the site; Burnett visited the site; Horgan visited the site. Comments/questions included: ■ Coffee House service regulations, seating and hours of operation ■ Motorcycle service offered at an offsite location outside the City limits ■ Test driving of motorcycles prohibited at dealership THE PUBLIC HEARING WAS OPENED: Darryl Satten, representative for business owner Johnny Wynn, spoke in support of the item and discussed the applicant's intentions for the business by describing it as a showcase for high -end motorcycles and related apparel, not for bike sales and service. He addressed concerns related to traffic and the facility becoming a hangout for motorcyclists. He also explained the type of atmosphere intended for the coffee house. Christopher Holt, Huntington Beach, spoke in opposition to the item and discussed information provided on the Wynn Motorsports website that advertises bike sales and service available on the site. He voiced concerns about noise, test-driving motorcycles and child safety, stating that the proposal was incompatible with the surrounding uses. George Mezei, Waterfall Circle, spoke in opposition to the item and the type of business being located next to residential development. He voiced concerns about customers wanting to test drive motorcycles and recommended that the applicant find a better location. Rob Jason, Waterfall Circle, spoke in opposition to the item and voiced concerns about noise and the dealership being located outside the Auto District Overlay identified on Page 6 of the staff report. He urged the Commission to deny the request and referenced information related to the Orange County Health Officer found in Chapter 8.40 of the Municipal Code. Lynda Cruise, Seaside Village resident, spoke in opposition to the item and voiced concerns about a coffee house used as a hangout for motorcyclists, traffic and safety issues for children and test-driving of motorcycles along the Beach Blvd. service road. (05p=823) PC Minutes August 23, 2005 Page 16 Steve Stafford, Huntington Beach, spoke in opposition to the item and voiced concerns related to traffic at the Atlanta Avenue/Beach Blvd. intersection, and the vehicle drive - through bays on the site. He suggested that the applicant consider placing a wall around the perimeter of the area designated for outdoor dining. John Clingan, Huntington Beach, spoke in opposition to the item and voiced concerns related to quality of life, property values and traffic safety. Glenn Currier, Seaside Village, spoke in opposition to the item and voiced concerns related to noise, safety, changing of neighborhood character and property values. He also discussed the hours of operation and urged the Commission to deny the request. Scott Williams, Seawall Circle, spoke in opposition to the item and voiced concerns about the use being incompatible with the surrounding residential, and that it would attract undesirable patrons. Christa Hill, Beachside HOA, spoke in opposition to the item and discussed witnessing of stock inside the building without proper permits. He also voiced concerns about the applicant's proposal to mitigate noise, the number of motorcycles allowable on -site at one time, and the use not being oriented to the needs of the local residents. Tracy Lyn Lum, Huntington Beach, donated time to speaker Kevin Lum. Barbara Chang -Holt, Huntington Beach, donated time to speaker Kevin Lum. Kevin Lum, Goleta Point Drive, spoke in opposition to the item. He provided a petition of signatures representing 80 homes in the Beachside Community. He requested that the Commission deny the request due to site location, noise and property value impacts. He voiced concerns about the limited sales figures not representative of the actual number of patrons. He also described findings made by the Zoning Administrator as incompatible and detrimental to the surrounding residential neighborhood. Lilli Mezei, Waterfall Circle, donated time to speaker Donna Anderson. Donna Anderson, Huntington Beach, spoke in opposition to the item and presented letters and a petition to the Commission. She voiced concerns related to noise, test driving of motorcycles, and the test-drive route discussed during a hearing before the Zoning Administrator. She also stated that she witnessed unpermitted activity and recommended that speed bumps be added to the Beach Blvd. service road. Mike Dalton, Pacific Sands Swim Club, spoke in opposition to the item and discussed number of children who frequent the nearby swim club, voicing concerns related to child safety. He also discussed Internet sales and shipping of product, the coffee house outdoor patio being adjacent to the bus stop, and hours of operation. Mike Adams, Huntington Beach, spoke in support of the item. He discussed his work with the property owner of the shopping center and described the proposal as an interim use for an empty bank building. He also explained that the applicant has a certificate of occupancy for a motorcycle parts business for high -end motorcycles. He stated that the City would benefit from the sales tax generated by the business, and that the coffee house can be modified to remove the outdoor dining area. (05p=823) PC Minutes August 23, 2005 Page 17 WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Commissioner Livengood asked Mr. Satten to elaborate on the property owner's objective to attract motorcyclists who travel Pacific Coast Highway to the site for purchase of high -end parts and apparel. Mr. Satten also discussed the test route and 6- month review discussed during hearings held before the Zoning Administrator. Commissioner Scandura and staff discussed the type of activity allowed by the applicant's certificate of occupancy, including sales of parts and apparel and showcasing of motorcycles. Discussion ensued on the types of motorcycles, parts and apparel available for purchase on the site. Commissioner Scandura commented on inconsistencies between the applicant's actual intentions and activity, both on the property and website. Commissioner Dwyer and staff discussed the Auto Overlay District designated within the General Plan. Commissioner Dingwall stated that although the owner intends to conduct a dignified business, he has concerns that patrons will abuse the lot and cause problems that will impact the surrounding residents and businesses. Commissioner Burnett voiced concerns about a reference to illegal storage of vehicles identified on Attachment 5.4. She also discussed futures avenues of addressing issues related to noise and hours of operation through the Orange County Health Officer and Huntington Beach Code Enforcement. Staff explained that a hearing is required to revoke an applicant's conditional use permit. Commissioner Horgan and Mr. Satten discussed the obstacles that have prevented the applicant from moving forward on the project. Chair Ray discussed the permitted activity allowed by right, i.e., parts, apparel and coffee sales, and that the outdoor patio and sale of motorcycles must be approved by entitlement and a public hearing. He also discussed repair versus modification of the existing facility and code enforcement involvement. Commissioner Dwyer and staff discussed code restrictions related to any combustible material on the property. Commissioner Scandura clarified that the outdoor dining area for the proposed coffee house requires an Administrative Permit. Staff provided guidelines for approval of outdoor dining, and that a request for outdoor dining of 400 square feet or less is permitted by right. Commission Counsel confirmed that following review of the code, permit streamlining ordinance and findings by the Zoning Administrator, the applicant cannot legally sell motorcycles from the existing location. Discussion ensued among the Commission on reasons to oppose the request. (05pcm823) PC Minutes August 23, 2005 Page 18 A MOTION WAS MADE BY BURNETT, SECONDED BY HORGAN, TO DENY CONDITIONAL USE PERMIT NO.06-12 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Dwyer, Scandura, Dingwall, Ray, Livengood, Burnett, Horgan NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED Mr. Fauland read into the record the appeal timeline and process. FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO.05-12 1. Conditional Use Permit No. 05-12 to permit the establishment and operation of a motorcycle dealership within an existing commercial shopping center and an outdoor dining area in conjunction with an ancillary coffee house will 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. With the exception of the community shopping center in which the proposed use would be located, the surrounding area is residential. The proposed use would result in a significant change in character for the area with the establishment of the first vehicle sales business in the area. Resulting noise impacts would have a negative impact on the surrounding area. 2. The conditional use permit will not be compatible with surrounding uses because the majority of the surrounding uses are residential. In addition, the type of operation, regional motorcycle sales, does not support the retail and restaurant neighborhood businesses in the center. The potential of motorcycles being test driven on Atlanta and Newland negatively impact residential areas that surround the shopping center. Motorcycles are a significant source of noise pollution. Vehicle sales will create additional noise and require increased testing of motorcycles. 3. The granting of the conditional use permit will adversely affect the General Plan. It is not consistent with the Land Use Element designation of CG-F1 (General Commercial — 0.35 Maximum Floor Area Ratio). The proposed project is inconsistent with this designation and the goals and objectives of the City's General Plan as follows: LU 10.1.5: Require that building, parking, and vehicular access be sited and designed to prevent adverse impacts on adjacent residential neighborhoods. The existing design of vehicular access only off of Atlanta Ave. limits the type of commercial that can be offered in the center. Adding a motorcycle dealership will adversely impact traffic. LU 10.1.6: Require that commercial projects abutting residential properties adequately protect residential use from the excessive or incompatible impacts of noise light, vehicular traffic, visual character, and operational hazards. (05p=823) PC Minutes August 23, 2005 Page 19 Motorcycle traffic generated by the use including customers of the coffee shop and motorcycle dealership, entering and leaving the center daily from Atlanta Ave. creates incompatible impacts of noise and vehicular traffic on residential properties. C. CONSENT CALENDAR — NONE. D. NON-PUBLIC HEARING ITEMS D-1. PROJECT REVIEW PROCESS - CONTINUED FROM AUGUST 9, 2005: To establish a formal Project Review Process for select projects that are scheduled to be reviewed by the Planning Commission - Chair Ray RECOMMENDATION: Motion to: "Approve the formal Project Review Process." Chair Ray provided a brief outline of the Project Review Process. A MOTION WAS MADE BY SCANDURA, SECONDED BY LIVENGOOD, TO APPROVE THE FORMAL PROJECT REVIEW PROCESS, BY THE FOLLOWING VOTE: AYES: Dwyer, Scandura, Dingwall, Ray, Livengood, Burnett, Horgan NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION REQUEST ITEMS — NONE. E-2. PLANNING COMMISSION COMMENTS Commissioner Dwyer — relayed wedding anniversary wishes to his wife. Commissioner Scandura — none. Commissioner Dingwall — none. Commissioner Ray — reminded the Commission of the Planning Official's Forum to be held on Thursday, September 15 at the Embassy Suites Hotel in the city of Brea, and the Resource Conservation Conference to be held on Friday, September 16 at the Huntington Beach Hyatt Regency Hotel. Commissioner Livengood — none. Commissioner Burnett — commended those who publicly participated in tonight's meeting. Commissioner Horgan — complimented Rami Talleh, Staff Planner on his presentation of the three public hearing items. (05pcm823) PC Minutes August 23, 2005 Page 20 F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Planning Manager — reported on the Planning Department items heard by the City Council on August 22, 2005. F-2. CITY COUNCIL ITEMS FOR NEXT MEETING Scott Hess, Planning Manager — reported on the Planning Department items scheduled before the City Council on September 6, 2005. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner — reported on the items scheduled for Study Session on September 13, 2005, and on the items scheduled for Public Hearing on September 27, 2005. ADJOURNMENT: Adjourned at 11:00 p.m. to the next regularly scheduled meeting of September 13, 2005. HZ:HF:rl APPRO D BY: H rd Zele sky, Erecretary Steve Kay, Chair (05p=823)