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HomeMy WebLinkAbout2005-10-11MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, OCTOBER 11, 2005 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 5:16 P.M. - ROOM B-8 (CITY HALL LOWER LEVEL) CALL PLANNING COMMISSION MEETING TO ORDER P P P P A P P ROLL CALL: Dwyer, Scandura, Dingwall, Ray, Livengood, Burnett, Horgan AGENDA APPROVAL A MOTION WAS MADE BY SCANDURA, SECONDED BY HORGAN, TO MOVE ITEM B-2 FORWARD AND APPROVE THE PLANNING COMMISSION STUDY SESSION AGENDA OF OCTOBER 11, 2006, BY THE FOLLOWING VOTE: AYES: Dwyer, Scandura, Dingwall, Ray, Burnett, Horgan NOES: None ABSENT: Livengood ABSTAIN: None MOTION APPROVED AGENDA ITEMS WILL APPEAR IN THEIR ORIGINAL ORDER A. PROJECT REVIEW (FUTURE AGENDA ITEMS) — None. B. STUDY SESSION ITEMS B-1. PLANNING COMMISSION RULES & PROTOCOL (Continued from September 27, 2005) — Chair Steve Ray Chair Ray presented recommendations to amend the current Rules & Protocols, and suggested that the Commission revisit the current version of the Planning Commission Bylaws. A MOTION WAS MADE BY DWYER, SECONDED BY SCANDURA, TO FORWARD THE ITEM TO CITY COUNCIL FOR FINAL CONSIDERATION. Discussion ensued on the City Council's role in approving the Planning Commission Bylaws, and whether the Commission should consider changing "Rules & Protocols" to "Policies and Protocols." Commissioner Scandura was not supportive of the change, reminding the Commission of the amount of time spent reviewing both documents and making final changes. Commission Counsel (05p=1011) PC Minutes October 11, 2005 Page 2 stated that rules are established to protect due process rights. Commissioner Horgan requested that the Commission not spend any more time studying the Bylaws and Protocol. THE MAKER AND SECOND WITHDREW THE MOTION. A MOTION WAS MADE BY DINGWALL, SECONDED BY HORGAN, TO APPROVE AMENDMENTS TO DELETE REFERENCES TO PLANNING COMMISSION RULES AND PROTOCOL, BY THE FOLLOWING VOTE: AYES: Dingwall, Ray, Burnett, Horgan NOES: Dwyer, Scandura ABSENT: Livengood ABSTAIN: None MOTION APPROVED B-2. PUBLIC HEARING PROCESS — Chair Steve Ray Chair Ray discussed the history of forming the Public Hearing Process Subcommittee consisting of 3 Commissioners, 3 members of.the_public, and.3 members of the development community.to_ establish a process that allows public participation and review of agenda material. He described thelollowing three phases of the process: ➢ Phase One — Project Introduction ➢ Phase Two — Applicant Presentation and Public Comments ➢ Phase Three — The Public Hearing Phase Discussion ensued regarding early notification and legal requirements if a public hearing item is continued. Commission Counsel voiced concerns, about legal noticing of study sessions. - Commissioner Scandura voiced concerns about accepting late communication from fellow Commissioner. Commission Counsel described prudent consideration for all parties concerned, and the Commission's options to continue or consider late communication at the time it is received. Commissioner Horgan voiced concern about lack of staff resources. Commissioner Dwyer asked that the significant changes be identified. Scott Hess, Planning Manager, replied that the Subcommittee's recommendation would add an additional hearing that would take place during study sessions. Chair Ray responded that an extra hearing would only take_ place on large, complex projects. Commissioner Dwyer asked what defines a project as small or large and complex. Mr. Hess requested that the Commission spell out/define t rge`and complex projects. Discussion ensued on items scheduled for study session on October 25, 2005. (05pCm1011) PC Minutes October 11, 2005 Page 3 A MOTION WAS MADE BY RAY, SECONDED BY DINGWALL, TO CONTINUE DISCUSSION ON THE PUBLIC HEARING PROCESS TO THE STUDY SESSION OF OCTOBER 25, 2005; BY -THE FOLLOWING VOTE: - AYES: Dwyer, Scandura, Dingwall, Ray, Burnett, Horgan NOES: None ABSENT: Livengood ABSTAIN: None MOTION APPROVED C. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — Herb Fauland Herb Fauland announced late communication received on Public Hearing Item No. B-2 - Conditional Use Permit No. 05-08 (Le Petit Paris Dancing)., D. PLANNING COMMISSION COMMITTEE REPORTS — None. E. PUBLIC COMMENTS (Regarding Study Session portion of Meeting) = None. F. PLANNING COMMISSION COMMENTS Chair Ray'discussed the correct process of making a motion and calling for a vote. Discussion ensued on the Chair's ability to make an "out of order" ruling. 6:46 P.M. — RECESS FOR DINNER 7:15 P.M. — COUNCIL CHAMBERS CALL PLANNING COMMISSION MEETING TO ORDER PLEDGE OF ALLEGIANCE — Led by Commissioner Burnett -P P P P A P P ROLL CALL: Dwyer, Scandura, Dingwall, Ray, Livengood, Burnett, Horgan AGENDA APPROVAL A MOTION TO MOVE PUBLIC HEARING ITEM NO. B-2 FORWARD WAS APPROVED BY A CONSENSUS OF THE COMMISSION (Livengood-Absent). A MOTION WAS MADE BY DWYER, SECONDED BY DINGWALL, TO APPROVE THE PLANNING COMMISSION AGENDA OF OCTOBER 11, 2005 AS AMENDED, BY THE FOLLOWING VOTE: AYES: Dwyer, Scandura, Dingwall, Ray, Burnett, Horgan NOES: None. ABSENT: Livengood ABSTAIN: None MOTION APPROVED (05pcm1011) PC Minutes _ October 11, 2005 Page 4 AGENDA'ITEMS. WILL APPEAR IN THEIR ORIGINAL ORDER OF SERVICE TO ROBIN LUGAK _ Chair Ray presented Planning Commission Resolution No. 1605.tq outgoing Recording Secretary Robin Lugar in appreciation of her service to the Commission. A. ORAL COMMUNICATIONS — None. B. PUBLIC HEARING ITEMS B-1. ZONING TEXT AMENDMENT -NO 06-01 (RELIGIOUS ASSEMBLY WITH PUBLIC HEARING TO BE OPENED): •Applicant: -City of Huntington Beach Request: To amend Chapters 204.16, 210.04, 212.04; and '2X_06 of the Huntington Beach Zoning and Subdivision Ordinance in order to comply with the-.. Religious Land Use and Institutionalized Persons Act (RLUIPA). Location Citywide Project Planner: Jason Kelley STAFF RECOMMENDATION: Motion to: "Approve.Zoning Text Amendment No. 05-01 with findings for approval and forward draft Ordinance, including the legislative draft to the City Council for adoption." Jason Kelley, Assistant Planner, provided a staff report. Commission Disclosures: Commissioners Dwyer and Scandura attended church services; Commissioners Scandura-and-Ray spoke.with staff. Commission questions/comments included: . ➢ Will the text amendment require approval by the California Coastal Commission?, ➢ Discussion of Chapter 204.16 K. — Tent Event (Attachment 3.1 - Legislative Draft) ➢ -Discussion of Chapter 210.04 - RL, RM, RMH, RH, and RMP Districts: Land Use Controls (Attachment 3.1 Legislative Draft) ➢ Discussion on striking text in Chapter 212.04 - L-10 (Attachment 3.3 - - ,Legislative Draft) - ➢ 'Discussion on Sec. 3. Protection of Religious Exercise of Institutionalized Persons, (a) General Rule (Attachment 4.1) THE PUBLIC HEARING WAS OPENED.-,• WITH NO ONE PRESENT TO SPEAK, THE PUBLIC HEARING. WAS CLOSED.' (05pcm1 o14) PC Minutes October 11, 2005 Page 5 A MOTION WAS MADE BY SCANDURA, SECONDED BY DINGWALLJO APPROVE ZONING TEXT AMENDMENT NO.05-01 WITH FINDINGS FOR APPROVAL AND FORWARD DRAFT ORDINANCE, INCLUDING THE LEGISLATIVE DRAFT TO THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE. - AYES: Dwyer, Scandura, Dingwall, Ray, Burnett, Horgan NOES: None ABSENT: Livengood ABSTAIN: None MOTION APPROVED FINDINGS FOR APPROVAL - ZONING TEXTAMENDMENT NO.05-01 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 City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. The project is exempt because it involves minor amendments to the zoning ordinance, which does not change the development standards, intensity, or density of the affected districts. FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO.05-01: Zoning Text Amendment No. 05-01 to amend various sections of the Zoning and Subdivision Ordinance is consistent with the goals, objectives and policies of the General Plan because the amendment deletes specific development requirements only for religious assembly uses to ensure protection under the Religious Land Use and Institutionalized Persons Act (RLUIPA) citywide. 2. In the case of a general land use provision, the zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, the zoning district for which it is proposed. -The amendment will apply to religious assembly uses citywide. The amendment will create consistent development requirements for religious assembly uses and other assembly uses. 3. A community need is demonstrated for the proposed zoning text amendment. The proposed changes will ensure that the City is in compliance with the standards of the federally mandated RLUIPA. Additionally, Zoning Text Amendment No. 05-01 will apply consistent development standards to religious assembly uses and other assembly uses citywide. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice. The amendment will result in the City's ability to provide for freedom of religion and religious assembly in accordance with Federal law and consistent with the goals and policies of the General Plan. (05p=1011) PC Minutes October 11, 2005 Page 6 B-2.� � CONDITIONAL USE PERMIT NO.05-08 (LE PETIT PARIS DANCING): Applicant: � Vu Tran Rectuest: To permit a' 140 sq. ft. dance floor in conjunction with -an existing restaurant/nightclub and a one -space, reduction in required parking pursuant to the provisions of HBZSO Section 231.08(B)'— Reduced Parking for Certain Uses. Location: 10142 Adams Avenue (southeast of the Adams Avenue/Brookhurst Street intersection). Project Planner: Ron Santos STAFF RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 05-08 with findings and suggested conditions of approval." Ron Santos, Associate Planner, identified a late communication dated August 6, 2004 titled, Moulin Rouge Entertainment Permit Revocation, and an email communication dated October 10, 2005 titled, Petit Paris Dancing. He also informed the Commission that he received one.call in support of the item, and one call with general questions. He also provided a staff report and PowerPoint presentation. Commission Disclosures: Commissioners Dwyer and Scandura spoke with their Council representatives; Commissioners Dwyer, Scandura and Ray spoke with staff; Commissioners Scandura, Dingwall, Burnett, Horgan and Ray visited the site; Commissioner- Scandura spoke with a Le Petit Paris employee; and, Commissioner Bumett visited the surrounding neighborhood. Commission questions/comments included: ➢ Discussion on Land Use Elements (Policy LU 7.1.1, Objective LU 7.1 and Goal LU 11) ' _ • ➢ Compatibility issues (parking, noise, outdoor lighting) affecting the surrounding residential ➢ Dance floor square footage ➢ Parking study results ➢ Past Police Department violations ➢ Hours of operation versus hours allowed for dancing ➢ Unpaid fines ➢ Existing conditional use permittentertainment permit requirements ➢ - Soundproofing THE PUBLIC HEARING WAS OPENED: -Steve Stafford, Estate Circle, spoke in opposition to the item, voicing concerns related to parking and dance floor square footage: He made reference to a similar establishment in Newport Beach and recommended stronger regulations and enforcement by Police and Code Enforcement. Dal Phung, Lawson Lane, spoke in opposition to the,item. As a Meredith Gardens resident; he described his experiences with the nightclub involving noise and inappropriate behavior by patrons late at night. He stated he would consider selling his house if the request for a dance permit was approved. Dalena Morton, Le Petit Paris, spoke in support of the item. She stated that the Le Petit Paris has been operating without a police -related incident for the past five months and described the club's interior as elegant for fine dining, and that (05pcm1011) PC Minutes October 11, 2005 Page 7 she hopes to attract a refined clientele and hold wedding and anniversary celebrations. She also described the insulated walls that prevent noise from escaping, and informed the Commission that the Chamber of Commerce endorses the business. Bill Pham, applicant, spoke in support of the item. He addressed concerns about the establishment's potential to become a nightclub. He described his intentions to hold wedding and anniversary parties, and his hopes for a long-term business relationship and good reputation with the surrounding community. He also described the soundproofing material installed to prohibit noise from escaping. Commissioner Dwyer asked if the entertainment permit regulates live music. Mr. Pham confirmed. Commissioner Dingwall asked about the type of music played at the Le Petit Paris. Mr. Pham described it as a keyboard player with computerized background music, with the bass controlled by an acoustic engineer. Commissioner Burnett voiced concerns about past fines remaining unpaid. Mr. Pham explained difficulties in receiving certified mail, and provided assurance that the issue would be resolved. Commissioner Burnett addressed the disturbances described in the late communication received by Police Chief Small, including police related calls for service involving loud music, intoxicated patrons, assaults and other miscellaneous complaints. Chief Small reminded. the Commission'that no police activity has occurred on the site during the past 5 months. Mr. Pharr explained the events and efforts to prohibit fighting. Chair Ray asked if Mr. Pham hires trained, professional security guards to handle intoxicated patrons and fights. Mr. Pham replied in the affirmative, also stating that changes have occurred due to the type of patrons who visit the new, upscale environment. Mr. Ray asked Mr. Pharr to explain his plans on policing the dance floor. Mr. Pharr described his plans for security and clearance from the location of tables and chairs to the proposed dance floor. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Commissioner Dingwall asked Fire Marshall Engberg to comment on the 3-foot dance floor apron for service staff to maneuver through. Chief Engberg stated that a 3-foot apron meets minimum requirements, and that the dance floor would be monitored for number of occupants, etc. through annual inspections. Commissioner Dingwall asked Police Chief Small if the greatest number of complaints occurred during late night hours. Chief Small replied in the affirmative, describing the calls as a combination of parking lot/restaurant complaints, and stated that the applicant has remediated noise problems in the parking lot. (05P=1011) PC Minutes October 11, 2005 Page 8 Commissioner Scandura suggested that the dance floor be delineated, and a 6- - month review period be added to the conditions of approval: Commissioner - Dwyer agreed. Commissioner Burnett asked previous speaker Mr. Phung if the noise levels had decreased over the past few months. Mr. Phung said conditions had improved, however the bass level from the music instrument needs to be addressed. Chief Small suggested that the conditions of approval reference Municipal Code Section 5.44.090 - Revocation and/or Suspension of Permit, and explained that the owner will have to modify his entertainment permit for dancing and security guards. Chair Ray discussed regulating dance floor hours to live entertainment and voiced concerns about a reduction in parking and his disappointment with the traffic study, � calling it confusing. Mr. Hess explained that the hours of operation already exist and are not to be considered as part of the, request before them. Discussion ensued about a 6-month review period, with staff explaining that Police and Code Enforcement staff would provide a report. A MOTION WAS MADE BY DINGWALL TO PERMIT A 140 SQUARE FOOT -- DANCE FLOOR, OPERATING THE HOURS OF 12:00 P.M. TO 10:00 P.M. WEEKDAYS, AND 12:00 P.M. TO.12:60 A.M. ON WEEKENDS WITH SECURITY PERSONNEL ON SITE UNTIL 2 HOURS FOLLOWING CLOSE OF BUSINESS, AND INCLUDE A 6-MONTH REVIEW PERIOD. Discussion ensued on retaining security guards after close of business. Police Chief Small described the difficulty in stopping patrons from dancing before the hours of live entertainment expire., Mr. Pham voiced concerns about the expense in retaining security guards hours after close of business. WITH NO SECOND, THE MOTION FAILED. A MOTION WAS MADE BY DWYER, SECONDED BY BURNETT, TO APPROVE CONDITIONAL USE PERMIT NO.06-08 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL TO INCLUDE A 6-MONTH REVIEW WITH PUBLIC HEARING AND A DELINEATED 140 SQUARE_ FOOT DANCE FLOOR BY THE FOLLOWING VOTE: AYES: Dwyer, Scandura, Dingwall, Ray, Burnett, Horgan NOES:- None ABSENT: Livengood ABSTAIN: None MOTION APPROVED (05pcm1011) PC Minutes October 11, 2005 Page 9 FINDINGS AND CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.05-08 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 15305 of the CEQA Guidelines, because the conditional use permit provides for minor alterations in land use limitations that do not result in any changes in land use or density. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT -NO. 05-08: Conditional Use Permit No. 05-08, to permit a 140 sq. ft. dance floor in conjunction with an existing restaurant/nightclub and a one space reduction in required parking, 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 use is regulated by the provisions of Chapter 5.44 of the Huntington Beach Municipal Code and the required entertainment permit. The entertainment permit prohibits noise that is audible at a distance greater than 50 feet from the business. No residential property or other commercial buildings existing within 50 feet of the restaurant. In addition, the subject property provides adequate parking to accommodate the proposed dancing, as demonstrated by a parking survey, prepared by a licensed traffic engineer, indicating an average parking utilization of approximately 40%. 2. The conditional use permit will be compatible with surrounding uses because the proposed use is located within in an existing shopping center in a commercial zone, and is adequately buffered from the nearest residential properties and commercial buildings by distance of approximately 250 feet and 85 feet respectively. In addition, the restaurant building has been soundproofed so as to minimize noise related impacts on surrounding land uses. 3. The proposed dance floor and one space reduction in required parking 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 (HBZSO). The HBZSO allows dancing and a reduction in parking for certain uses, in the CG zone, with approval of a conditional use permit and based on a parking survey demonstrating that sufficient parking is available to accommodate the proposed use. 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 CG-F1 (Commercial General — 0.35 max. floor area ratio) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Policy LU 7.1.1 Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. Obiective LU 7.1 Accommodate the development of a balance of land uses that (a) provides for the housing, commercial, employment, cultural, entertainment, and recreation needs of existing and future residents, and (c) captures visitor and tourist activity. (05p=1011) PC Minutes October 11, 2005 Page 10 Goal LU 11 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. The proposed conditional use permit will provide for the cultural, entertainment and recreational needs of an existing business by allowing the existing establishment to provide opportunities for its patrons to dance. In addition, the use will augment entertainment opportunities for residents of the surrounding area. . :-CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO.05-08: 1. The site plan and floor plan received and dated September 7, 2005 shall be the conceptually approved design. 2. The limits of the proposed 140 sq. ft. dance floor shall be clearly delineated. The applicant shall submit a plan indicating the proposed means of delineation for review and approval by the Planning Department, prior to the commencement of dancing. 3. A.review of -the use shall be conducted by the Planning Commission with a public hearing approximately six (6) months following the issuance of a new or amended Entertainment License authorizing dancing, to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning and Subdivision Ordinance. At that time the Planning Commission may consider modifications to the conditions of 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 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 9, 2005 RECOMMENDED ACTION: Motion to: "Approve the August 9, 2005 Planning Commission Minutes as submitted." A MOTION WAS MADE BY SCANDURA, SECONDED BY HORGAN, TO APPROVE THEAUGUST 9, 2005 PLANNING COMMISSION MINUTES AS -.MODIFIED, BY THE FOLLOWING VOTE: AYES: Dwyer, Scandura, Dingwall, Ray, Horgan _.NOES:_ ..-,None. ABSENT: Livengood ABSTAIN: Burnett MOTION APPROVED (05pcm1 of l ) PC Minutes October 11, 2005 Page 11 D. NON-PUBLIC HEARING ITEMS — None. E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION REQUEST ITEMS — None. E-2. PLANNING COMMISSION COMMENTS Commissioner Dwyer — informed the Commission of a meeting he had with two interested parties on the proposed Home Depot project at the former K-Mart site at the southwest corner of Garfield Avenue and Magnolia Street. Commissioner Scandura — thanked Robin Lugar for her service to the Commission. Commissioner Dingwall - thanked Robin Lugar for her service to the Commission. Commissioner Ray - thanked Robin Lugar for her service to the Commission and provided anniversary wishes to Shan, his wife of 22 years. Commissioner Livengood — Absent. Commissioner Burnett — thanked Robin Lugar for her service to the Commission. Commissioner Horgan - thanked Robin Lugar for her service to the Commission. F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Herb Fauland, Principal Planner — reported that no Planning Department items were heard by the City Council on October 3, 2005. F-2. CITY COUNCIL ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner — reported on the Planning Department items scheduled before the City Council on October 17, 2005. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner — reported on the items scheduled for Study Session only on October 25, 2005. ADJOURNMENT: Adjourned at 10:00 p.m. to the next regularly scheduled meeting of Tuesday, October 25, 2005. AP PR VED BY: Hdord Zelefsky, Secretary Steve ay,' air (05p=1011)