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HomeMy WebLinkAbout2005-09-13MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, SEPTEMBER 13, 2005 HUNTINGTON BEACH CIVIC CENTER . 2000 MAIN STREET. HUNTINGTON BEACH. CALIFORNIA 92648 6:15 P.M. - ROOM B-8 (CITY HALL LOWER LEVEL) CALL PLANNING COMMISSION MEETING TO ORDER -P . P P P I A P P ROLL CALL: Dwyer, Scandura, Dingwall, Ray, Livengood, Bumett, Horgan AGENDA APPROVAL THE STUDY SESSION WAS APPROVED BY A CONCENSUS OF THE COMMISSION (Livengoo&Absent) A. PROJECT REVIEW (FUTURE AGENDA ITEMS) A-1. ZONING TEXT AMENDMENT NO.05-01 (RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT) — Jason Kelley Jason Kelley, Assistant Planner, provided a staff report, including information on the primary purpose of the Religious Land Use and Institutionalized Persons Act (RLUIPA), and the Zoning Text Amendment initiated by the City in order to comply with Federal Law. Discussion ensued on the proposed changes to the four sections of the Huntington Beach Zoning and Subdivision Ordinance. The Commission and staff discussed options for churches currently operating under 5-year conditional use permits, routine Fire Code requirements, and codification. A-2. APPEAL OF ENTITLEMENT PLAN AMENDMENT NO.06-11 (TARGET) — Paul Da Volga Paul Da Veiga, Associate Planner, provided a staff report; including information on weekend deliveries on -site, weekend delivery schedules for other local, big box retailers, and design features for loading bays. The Commission and staff discussed the various issues pertaining to the proposed amendment and the operation and location of the loading dock. (05p=0913) PC Minutes September 13, 2005 Page 2 B. STUDY SESSION ITEMS B-1. PLANNING COMMISSION BY LAWS — Steve Ray Chair Ray held a discussion on the following: Election of Officers, City Council approval, Definition of "Special" meeting, Recess versus continuance, and Majority vote. B-2. PLANNING COMMISSION RULES & PROTOCOL — Steve Ray Chair Ray discussed the modifications to the document. Commission Counsel indicated that no state law requires a voting member to leave the room when abstaining from action due to a conflict of interest, although it is suggested because of the potential influence that may occur through body language, etc. Commissioner Dingwall discussed making comments as a member of the public. Discussion continued on the proposed modifications. The Commission added the following: No. 29 - RULE — The Chair shall represent the Planning Commission before the City Council per the Commission bylaws, except that when the Chair is not a member of the voting majority on the item before the Council, the Chair shall appoint a member of such Commission majority as the Commission's representative. With lack of time to finish discussion on the item, the Commission continued the item to September 27, 2005: A MOTION WAS MADE BY DINGWALL, SECONDED BY SCANDURA, TO RECESS AT 6:60 P.M. BY THE FOLLOWING VOTE: AYES: Dwyer, Scandura, Dingwall, Burnett, Horgan NOES: Ray ABSENT: Livengood _ ABSTAIN: None MOTION PASSED (05p=0913) PC Minutes September 13, 2005 Page 3 A MOTION WAS MADE BY DINGWALL, SECONDED BY SCANDURA, TO RECONVENE AT 7:18 P.M: BY THE FOLLOWING -VOTE: AYES: Scandura, Dingwall, Ray, Burnett, Horgan ' NOES: None - ABSENT: Dwyer (out,of room) - ABSTAIN: Livengood MOTION PASSED The Study Session reconvened at 7:18 p.m. C. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — Herb Fauland D. . PLANNING COMMISSION COMMITTEE REPORTS— None. E. PUBLIC COMMENTS — Regarding Study Session portion of Meeting — None. F. PLANNING COMMISSION COMMENTS — None. ADJOURNED AT 7:20 P.M. TO THE COUNCIL CHAMBERS 7:22 P.M. — COUNCIL CHAMBERS CALL PLANNING COMMISSION MEETING TO ORDER - PLEDGE OF ALLEGIANCE — Led by Chair Ray P P P P P P1 P ROLL CALL: Dwyer, Scandura, Dingwall, Ray, Livengood, B=04 Horgan AGENDA APPROVAL A MOTION WAS MADE BY LIVENGOOD, SECONDED BY DINGWALL, TO APPROVE THE PLANNING COMMISSION AGENDA OF SEPTEMBER 13, 2006, BY THE FOLLOWING VOTE: AYES: Dywer, Scandura, Dingwall, Ray, Livengood, Burnett, Horgan NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A:_ ORAL COMMUNICATIONS Steve Stafford, Huntington Beach, expressed concerns related to Non -Public Hearing Items D- 1 a. and D-1 b. (Acquisition of Property - Lamb and Wardlow Schools). - . . B. PUBLIC HEARING ITEMS — None. C. CONSENT CALENDAR — None. (05pcm0913) PC Minutes September 13, 2005 Page 4 D. NON-PUBLIC HEARING ITEMS D-1a. GENERAL PLAN CONFORMANCE NO.05-06 (Lamb School — Property for Park Purposes) — Jason Kelley STAFF RECOMMENDATION: Motion to: "Adopt Resolution No. 1603 approving General Plan Conformance No. 05-06 with findings." Jason Kelley, Assistant Planner, provided a staff report and PowerPoint presentation on the request for a General Plan Conformance (GPC); and the proposed development of the 2.6-acre portion of the Lamb School site for private purposes and/or sports -related activity. - Discussion ensued on the 2.6-acre portion designated as parkland, including recreational lighting and lease options with the American Youth Soccer Organization (AYSO). Staff discussed the City Charter section on parkland preservation. Commission Counsel explained the Naylor Act, and Fountain Valley's offer of surplus property to Huntington Beach at 25% fair market value. Commission Counsel also discussed the School District's Surplus School Purchasing Plan. Commissioner Dwyer inquired about parking restrictions. Commission Counsel explained that the request relates to General Plan Conformance alone, and that parking restrictions would be considered at the time when development - proposals were made. The Commission and staff discussed RCS Policy 2.1.3 on Attachment 1.1 Chair Ray questioned the parkland deficiency and preservation of -the 2.6-acre area with existing playfields. Commissioner Dingwall questioned parkland requirements when future . residential development occurs. Commission Counsel discussed the use of in - lieu fees to meet certain open space requirements. Commissioner Dwyer asked if a subdivision could occur. Commission Counsel commented that projected development scenarios are difficult to consider and/or calculate. Commissioner Dingwall discussed the history of the area and population boom, the joint school/park program, a bond program, and voiced opposition to the . . request. Commissioner Scandura voiced support for the request and the City acquiring valuable open space at a discounted rate. He also explained that the City could negotiate open space at a later date. Commissioner Dwyer spoke in support of the request to capture more open space where development occurs. Chair Ray discussed the number of structures/units and open space requirements. He voiced opposition to the in -lieu fee program, but reluctantly supported the request. (05p=0913) PC Minutes September 13, 2005 Page 5 A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO ADOPT RESOLUTION NO.1603 APPROVING GENERAL PLAN CONFORMANCE NO.05-06 WITH REVISED FINDINGS, BY THE FOLLOWING VOTE: AYES: Dwyer, Scandura, Ray, Livengood, Burnett, Horgan NOES: Dingwall ABSENT: None ABSTAIN: -None MOTION PASSED D-1b. GENERAL PLAN CONFORMANCE NO.06-07 fWardlow School — Acquisition of Property for Park Purposes) — Jason Kelley. STAFF RECOMMENDATION: Motion to: "Adopt Resolution No. 1604 approving General Plan Conformance No. 05-07 with findings." Jason Kelley, Assistant Planner, provided a staff -report and PowerPoint presentation on the proposed acquisition of a portion of the Wardlow School site and request for General Plan Conformance (GPC). Commissioner Dwyer voiced concerns about inadequate parking and discussion ensued on the potential number of residential units allowable on the site. Commission Counsel, responded that the City is aware of the parking deficiency, and stated that the site was being evaluated for redevelopment by'the Community Services Department. Commissioner Livengood discussed relocation of the Boys & Girls Club. Commissioner Horgan recommended involving the community in raising funds to purchase the entire school site property. Chair Ray voiced concerns about deficient parking and possible relocation of the playing fields and restroom facilities, suggesting that more time be provided to consider other options for the site. Commission Counsel responded that there was not enough time to consider all the issues before final sale of the property. Staff stated that entitlements will come back before the Commission when a development plan is presented.. Commissioner Dingwall voiced concerns regarding the number of residential units that would yield the .5-acre parkland requirement.. .. _ Commissioner's Dwyer and Scandura spoke in support of the request, stating that the findings were in compliance with the goals and policies of the General Plan, also stating that the Commission shouldn't reject the request based on parking issues or possible relocation of playing fields. A MOTION WAS MADE BY HORGAN TO ADOPT RESOLUTION NO.1604 APPROVING GENERAL PLAN CONFORMANCE NO.05-07 WITH FINDINGS. (05p=0913) PC Minutes September 13, 2005 Page 6 Commissioner Livengood suggested revising RCS Policy 2.1.3 on Attachment 1.1 by removing all text between the first and last sentence of the paragraph, and the term "existing" in the first sentence. Chair Ray concurred but cautioned the City about parking and parkland issues. Commissioner Dwyer suggested revising Resolution No. 1604 by removing the term "existing" in Section 2 on Attachment 2. Commissioner Dingwall shared his opposition to the motion. Commissioners Scandura and Burnett spoke in support of the motion and the savings realized by purchasing surplus property. Commissioner Burnett also voiced disappointment for the City's parkland and open space deficiency. THE MOTION WAS RESTATED BY HORGAN, SECONDED BY BURNETT, TO ADOPT RESOLUTION NO. 1604 AS MODIFIED APPROVING GENERAL PLAN CONFORMANCE NO.05-07 WITH REVISED FINDINGS, BY THE FOLLOWING VOTE: AYES: Dwyer, Scandura, Ray, Livengood, Burnett, Horgan NOES: Dingwall ABSENT:' None ABSTAIN: None MOTION PASSED - FINDINGS FOR APPROVAL — GENERAL PLAN CONFORMANCE NO. 05-07: The proposed acquisition of a portion of the Wardlow Elementary School is consistent with the following goals and policies of the General Plan: Land Use LU Policy13.1.6: "Encourage surplus schools and other public properties to be made available first for other public purposes, such as parks, open space, adult or child care, and secondarily for reuse for private purposes andlor other land uses and development." This policy is consistent with State law in that the City and other public entities has priority to purchase or lease surplus school property. As a result, the City of Huntington Beach is proposing to purchase 6-acres of playing fields to provide continuous recreational opportunities. Should other public entities with priority decline the offer to purchase the remaining 8.35 acres of the Wardlow School site, the development of the site for private purposes with other land uses may be considered along with the approval of a general plan amendment and zoning map amendment. Recreation and Community Service RCS Policy 2.1.3: "Require parkland acquisitions to be fiscally efficient and beneficial to the needs of the community." The City of Huntington Beach is proposing to purchase a 6-acre portion of the 14.35-acre Wardlow School site for the purpose of maintaining recreational (05p=0913) PC Minutes September 13, 2005 Page 7 playfields and open space/parkland. The preservation of playfields and open space benefits the needs of the community and the general public. RCS Policy 5. 1. 1: ."Review the parks and recreation_ facilities relationship with the local schools. The review should include: a. the concept of providing both school recreation facilities and parts facilities at the same site; b. information submitted by the school districts regarding the financial and fiscal impacts to the school districts in preserving closed schools for park purposes without adequate compensation to the school district; c. the determination of each school's contribution in providing recreational opportunities to the neighborhood; and - d. the ident�cation of an "alternative" plan to provide the recreational opportunities in the event of a school closure." The City of Huntington Beach does not operate any recreational programs at the subject property.' Huntington Valley Little League and AYSO Group 117 currently utilize the playing fields. The acquisition will provide continuous recreational opportunities within the community. Discussion ensued about rezoning, future development interest and property rights. Commissioner Counsel explained that the Government Code allows for rezoning to adjacent uses. Commissioner Livengood discussed reconsideration of Item No. D-1a to remain consistent with language by modifying the findings for GPC No. 05-06 and remove the term "existing" in RSC Policy 2.1.3, and revise Resolution No. 1603 by removing the term "existing" and replacing the term "preserving" with "providing" in Section 2. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY DWYER, TO RECONSIDER ITEM NO. D-1A, BY THE FOLLOWING VOTE: AYES: Dwyer, Dingwall, Ray, Livengood, Burnett, Horgan NOES: Scandura ABSENT: None ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY LIVENGOOD, SECONDED BY. DWYER, TO ADOPT RESOLUTION NO.1603 AS MODIFIED- APPROVING GENERAL PLAN CONFORMANCE NO. 05-06 WITH REVISED FINDINGS, BY THE FOLLOWING VOTE: AYES: Dwyer, Dingwall, Ray, Livengood, Burnett, Horgan NOES: Dingwall ABSENT: None ABSTAIN: None MOTION PASSED (05p=0913) PC Minutes September 13, 2005 Page 8 FINDINGS FOR APPROVAL — GENERAL PLAN CONFORMANCE NO.05-06: 1. The proposed acquisition of a portion of the Lamb Elementary School site is consistent with the following goals and policies of the General Plan: Land Use LU Policy 13.1.6. "Encourage surplus schools and other public properties to be made available first for other public purposes, such as parks, open space, adult or child care, and secondarily for reuse for private purposes and/or other land uses and development." This policy is consistent with State law in that the City and other public entities have priority to purchase or lease surplus school property. As a result, the City of Huntington Beach is proposing to purchase 2.6 acres of lighted playing fields to provide continuous recreational opportunities. Should other public entities with priority decline the offer to purchase the remaining 11.65 acres of the Lamb School site, the development of the site for private purposes with other land uses may be considered along with the approval of a general plan amendment and zoning map amendment. Recreation and Community Service RCS Policy 2.1.3: "Require parkland acquisitions to be fiscally efficient and beneficial to the needs of the community." The City of Huntington Beach is proposing to purchase a 2.6-acre portion of the 14.25-acre Lamb School site for the purpose of maintaining recreational play fields and open spacelparkland. Due to the deficiency in parkland within the community and the potential for additional homes, the 2.6-acre preservation of playfields and open space benefits the needs of the community. RCS Policy 5.1.1: "Review the parks and recreation facilities relationship with the local schools. The review should include: a. the concept of providing both school recreation facilities and park facilities at the same site, b. information submitted by the school districts -regarding the financial and fiscal impacts to the school districts in preserving closed schools for park purposes without adequate compensation to the school district,. c. the determination of each school's contribution in providing recreational opportunities to the neighborhood, and d. the identification of an "alternative" plan to provide the recreational opportunities in the event of a school closure." The City of Huntington Beach does not operate any recreational programs at the subject property, but did install lighting to accommodate evening recreational use. AYSO Group 117 currently utilizes the playing fields. The acquisition will provide continuous recreational opportunities within the community. (05p=0913) PC Minutes September 13, 2005 Page 9 E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION REQUEST ITEMS — NONE. E-2. PLANNING COMMISSION COMMENTS Commissioner Dwyer — discussed recent travel to Germany with the Christian Democratic Union. Commissioner Scandura — discussed his appreciation for an outstanding Environmental Review Board, and informed the public that the Board's Annual Awards Program will soon take place. Commissioner Dingwall — None. Commissioner Ray — discussed the upcoming Planning Officials Forum to be held in Brea on Thursday, September 15, 2005. He provided thanks to the City Council for their efforts to save parkland, and to Leonie Mulvihill for her knowledge of the parkland acquisition items, and informed the public of a "native plant" sale being held at the Shipley Nature Center on October 1, 2005. Commissioner Livengood — discussed the Shipley Nature Center's "Inside the Outdoor Program." Commissioner Burnett — provided thanks to the City Council for their efforts to save parkland. Commissioner Horgan - discussed the upcoming Resource Conservation Conference to be held at the Huntington Beach Hyatt on Friday, September 16, 2005 and included the names of several community representatives that would speak at the conference. 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 September 6, 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 19 and October 17, 2005. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner — reported on the items scheduled for Study Session and Public Hearing on September 27, 2005. ADJOURNMENT: Adjourned at 9:05 p.m. to the next regularly scheduled meeting of Tuesday, September 27, 2005. (05p=0913) PC Minutes September 13, 2005 Page 10 HZ:HF:rl APPR ED BY: o rd Zele sky, Secretary (05pcm0913)