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HomeMy WebLinkAbout2006-01-24MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JANUARY 24, 2006 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 5:15 P.M. - ROOM B-8 (CITY HALL LOWER LEVEL) CALL PLANNING COMMISSION MEETING TO ORDER A P P P P P P ROLL CALL: Burneff, Livengood, Scandura, Dingwall, Ray, Horgan, Dwyer Commissioner Bumetf arrived of 5:20 p.m. AGENDA APPROVAL A MOTION WAS MADE BY RAY, SECONDED BY DWYER TO APPROVE THE PLANNING COMMISSION STUDY SESSION AGENDA OF JANUARY 24, 2006, BY THE FOLLOWING VOTE: AYES: Livengood, Scandura, Dingwall, Ray, Horgan, Dwyer NOES: None ABSENT: Burnett ABSTAIN: None MOTION APPROVED A. PROJECT REVIEW (FUTURE AGENDA ITEMS) : A-1. CONDITIONAL USE PERMIT NO.05-15/NEGATIVE DECLARATION NO. 05-01 (24-HOUR FITNESS — 7887 Center Ave.) — Paul Da Veiga Paul Da Veiga, Associate Planner, presented an overview of the proposed project. Commission discussions ensued regarding the following issues: • Sufficient parking for the proposed project • Evaluation of the divergent hours of operation • A crosswalk at Center Avenue • Enlarging of original building footprint • Loss of parking spaces with increased building footprint • Anticipated occupant load of the proposed building (06p=0124) PC Minutes January 24, 2006 Page 2 A-2. GENERAL PLAN AMENDMENT NO. t NO.05-04/ZONING MAP AMENDME? SPECIFIC PLAN) — Rosemary Medel Ken Ryan of EDAW gave a presentation of the proposed project including the following: • Design recommendations • Traffic flow and pedestrian usage • Environmental considerations • Incorporating the new design plan with existing architecture in the area (Bella Terra) • Proposed a logo and signature style for the project as a whole Commissioner Scandura expressed concern regarding the architecture of Bella Terra not melding with the proposed architecture of the Edinger Corridor plan. He also would like to see more up to date displays including the new Bella Terra site plan. Commissioner Dwyer inquired if EDAW was the only company presenting a new design for this project and if the Beach Boulevard project was part of it. Scott Hess explained that the Beach Boulevard project is separate and will have its own consultant. Commissioner Horgan requested more clarification on the landscape chart and the pedestrian movement plan. Commissioner Uvengood voiced concern regarding the impact this project would have on the residents behind (south) of the commercial development. Mr. Ryan advised of a three-story height limit on buildings and a set back restriction of 35 feet. Commissioner Ray questioned deed restrictions and the ownership of Goldenwest College and their involvement in the plan. Mr. Ryan stated that Goldenwest College had been invited to participate in the development of the specific plan and is unaware as to what extent the restrictions are on their site. Chair Dingwall suggested a re-evaluation of the landscape plan and use of palm trees suggested for the project. The Chair requested that EDAW confer with the City regarding the upkeep and potential damage caused by palm trees. Commissioner Dwyer suggested a more international theme be considered for the Corridor due to the design of Bella Terra and the Germanic influenced Old World complex. B. STUDY SESSION ITEMS B-1. PLANNING COMMISSION ANNUAL WORKSHOP — Chair Robert Dingwall Chair Dingwall advised Commissioners to provide three topics each to staff for discussion at the annual workshop. (06p=0124) PC Minutes January 24, 2006 Page 3 C. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — Herb Fauland Herb Fauland announced late communication received on Public Hearing Item No. B-1 — Coastal Development Permit NO.05-13/Conditional Use Permit No. 05-10/Special Permit NO. 05-02 (Main Street Lofts) and also B-2 — Conditional Use Permit NO.05-30 (Aloha Grill Expansion/In-Lieu Fees/Live Entertainment) D. PLANNING COMMISSION COMMITTEE REPORTS: Steve Ray questioned if the Chair had made new committee assignments. Chair advised the Planning Commission to continue based on last year's assignments and that he will make new assignments shortly. Elizabeth Burnett asked the Commissioners if it would be beneficial for an Environmental Board Representative to be present on an item that had their review and input. Chair advised that the Planning Commission relies on Committee Members to report on such input and provide a report under this portion of the agenda. E. PUBLIC COMMENTS (Regarding Study Session Portion of Meeting) — None. F. PLANNING COMMISSION COMMENTS: Flossie Horgan questioned staff about the parking in -lieu fee requirements for Item B-2 and the late communication for a revised condition of approval. Staff provided an explanation. 6:35 P.M. — RECESS FOR DINNER 7:10 P.M. — COUNCIL CHAMBERS CALL PLANNING COMMISSION MEETING TO ORDER PLEDGE OF ALLEGIANCE — Led by Chair Dingwall P P P P P P P ROLL CALL: Burnett, Livengood, Scandura, Dingwall, Ray, Horgan, Dwyer AGENDA APPROVAL A MOTION WAS MADE BY DWYER, SECONDED BY DINGWALL, TO APPROVE THE PLANNING COMMISSION AGENDA OF JANUARY 24, 2006, BY THE FOLLOWING VOTE: AYES: Burnett, Livengood, Scandura, Dingwall, Ray, Horgan, Dwyer NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED (06p=0124) PC Minutes January 24, 2006 Page 4 A. ORAL COMMUNICATIONS: Patrick Gartland spoke in opposition to Agenda Item B-1. Mr. Gartland expressed his disapproval of the project as the proposed 500 square foot deck would disrupt the view from his home. Due to the continuance, Mr. Gartland advised he will return for the next public hearing on this issue. B. PUBLIC HEARING ITEMS PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. ny. Yo- 1 Y! rGRml I Ir V.yo7-VA IMP%#IV %7 1 RGG f L.Vr 1 %7 — ►.7o Iyia Ill St): Applicant: Jeff Bergsma Request: CDPICUP: To permit construction of three residential apartments (lofts) totaling 3,178 square feet as an addition to an existing two-story, 4,220 square foot retail/office building on a 5,650 sq. ft. lot. Special Permit: To permit a two -foot seven-inch front yard setback (build -to line) for the existing retail/office building in lieu of the required fire feet and to permit zero common open space in lieu of the required 795 square feet. Location: 438 Main St. (east side of Main St./south of Pecan Ave.). Project Planner: Paul Da Veiga STAFF RECOMMENDATION: Motion to: "Approve Coastal Development Permit No. 05-13/Conditional Use Permit No. 05-10 and Special Use Permit 05-02 with suggested findings and conditions of approval." Paul Da Veiga advised a late communication was received from the applicant requesting a continuance on this item to a date uncertain in order to evaluate affordable housing issues. A MOTION WAS MADE BY RAY, SECONDED BY LIVENGOOD TO CONTINUE COASTAL DEVELOPMENT PERMIT NO.05-13/CONDITIONAL USE PERMIT NO. 05-10/SPECIAL PERMIT NO.05-02 (MAIN STREET LOFTS — 438 MAIN STREET) TO A DATE UNCERTAIN BY THE FOLLOWING VOTE: AYES: Burnett, Livengood, Scandura, Dingwall, Ray, Horgan, Dwyer NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED (06p=0124) PC Minutes January 24, 2006 Page 5 B-2. CONDITIONAL USE PERMIT NO.05-30 (ALOHA GRILL EXPANSION/IN-LIEU FEES/LIVE ENTERTAINMENT — 221 Main St): Applicant: Gaston Villalba Request: To permit a 390 square foot expansion to an existing 2,098 square foot restaurant. The 390 square foot area is a conversion of office space to restaurant and therefore requires the provision of four additional parking spaces. The applicant requests participation in the Downtown Parking In -Lieu Fee Program for the four parking spaces. The application also includes a request for live entertainment consisting of live Hawaiian and easy listening music within the dining area. Location: 221 Main St., Ste. F (Southwest comer of Main St. and Olive Ave.) Project Planner: Paul Da Veiga STAFF RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 05-30 with suggested findings and conditions of approval." Paul Da Veiga stated that staff has submitted a late communication regarding a modification to Condition of Approval 2.a. The language change removes the suggested in -lieu fee amount from the condition. Da Veiga presented a Powerpoint of the proposed project. Commissioner Dwyer thanked staff for the presentation. Commissioner Horgan asked to review the parking issue regarding the fee language. Staff provided a review of the parking and the in -lieu fee. Commissioner Ray requested a review by Fire Marshal Engberg of the fire exit plan for the project. Engberg advised that he did review the plan and explained which door would be the designated panic door. Ray requested an explanation of the method used for determining amount of parking spaces required for restaurants. Staff explained the methodology for determining the required parking for the project. THE PUBLIC HEARING WAS OPENED. Gaston Villalba, applicant, spoke in support of the item. He discussed how the proposed project meets City standards and his request to have live entertainment would only include easy listening music. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY HORGAN TO APPROVE CONDITIONAL USE PERMIT NO.05-30 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Burnett, Livengood, Scandura, Dingwall, Ray, Horgan, Dwyer NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED (06p=0124) PC Minutes January 24, 2006 Page 6 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 05-30 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The proposed project is Categorically Exempt pursuant to Class 1, Existing Facilities, Section 15301 of the California Environmental Quality Act which states that minor alterations and operation to existing structures are exempt from further environmental review. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.05-30: 1. Conditional Use Permit No. 05-30 to permit a 390 square foot expansion to an existing 2,098 square foot restaurant within District 5 — Mixed -Use, of the Downtown Specific Plan, participation in the Downtown Parking In -Lieu Fee Program for four parking spaces, and live entertainment consisting of live Hawaiian and easy listening music within the dining area, 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 project complies with parking requirements in the downtown through participation in the Parking In -Lieu Fee Program. In addition, the project is consistent with the future development potential identified for the building in the Downtown Parking Master Plan. 2. The conditional use permit for the proposed mixed -use project building will be compatible with surrounding uses because the project is proposed in a Specific Plan area designated for mixed -use pedestrian -oriented development. The restaurant is surrounded by commercial, office, and restaurant uses and therefore will be compatible to its surroundings. Live entertainment will be located within the restaurant and is primarily intended to enhance the dining experience for patrons and will not negatively impact adjacent properties. 3. The proposed expansion will comply with the provisions of the Downtown Specific Plan — District 5 and applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. 4. The General Plan Land Use Map designation on the subject property is MV-F6/25- sp-pd (Mixed Use Vertical — 2.0 max. F.A.R./ 25 units/acre — specific plan — Pedestrian Overlay). The proposed project is consistent with this designation and the goals and objectives of the City's General Plan as follows: Land Use Element Goal LU 7. Achieve a diversity of land uses that sustain a City's economic viability, while maintaining the City's environmental resources and scale and character. Obiective LU 7.1: Accommodate the development of a balance of land uses that a) provides for the housing, commercial, employment, educational, cultural, entertainment, and recreation needs of existing and future residents, provides (OWmO124) PC Minutes January 24, 2006 Page 7 employment opportunities for residents of the City and surrounding subregion, captures visitor and tourist activity, and provides open space and aesthetic "relief" from urban development. The proposed expansion of the Aloha Grill restaurant into existing vacant office space increases the economic viability of the establishment by providing a larger dining area to accommodate more patrons. This expansion allows for additional employment opportunities and captures visitor and tourist activity within the downtown. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.05-30: 1. The site plan, floor plans, and elevations received and dated September 19, 2005, shall be the conceptually approved design. 2. Prior to issuance of building permits, the following shall be completed: a. The property owner shall submit an In -Lieu Parking Fee Participation Agreement to the Planning Department. The exact in -lieu parking fee will be determined by the City for the four parking spaces. The agreement shall be subject to the review and approval of the City Attorney's office. The agreement shall be recorded in the Office of the Orange County Recorder. The recorded agreement shall remain in effect for the term specified, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. 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. (06Pcm0124) PC Minutes January 24, 2006 Page 8 C. CONSENT CALENDAR — None. D. NON-PUBLIC HEARING ITEMS — None. E. PLANNING ITEMS E.I. CITY COUNCIL ACTION FROM PREVIOUS MEETING Scott Hess, Planning Manager— reported on the Planning Department items heard before the City Council on January 17, 2006 Commissioner Dwyer asked if the content of Phase 11 has changed. Staff advised some changes in language may be made and some additional language added. E2. CITY COUNCIL ITEMS FOR NEXT MEETING Scott Hess, Planning Manager— reported on the Planning Department items scheduled before the City Council on February 6, 2006. E3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner — reported on the items scheduled for Study Session only on February 14, 2006. Commissioner Ray inquired about Phase II of Bella Terra which includes the vacant Montgomery Wards building. Staff advised that the language for the zoning text amendment is not yet approved. F. PLANNING COMMISSION ITEMS F-1. PLANNING COMMISSION REQUEST ITEMS — None. F-2. PLANNING COMMISSION COMMENTS Commissioner Dwyer — Advised that he spoke against the zoning text amendment (NO. 05-03) at the January 17, 2006, City Council meeting and will remain in opposition of the proposed amendment. He also thanked all those who called him to express their support for his comments. Commissioner Scandura —Wished Chair Dingwall a happy birthday. Commissioner Dingwall - Thanked the Commission for their patience and and for the birthday cake. Commissioner Ray - Wished the Chair a happy birthday and requested more information regarding in -lieu parking fees and future parking opportunities for the downtown area. Commissioner Livengood — Requested staff provide more detailed parking information regarding Item B-1. (06pcm0124) PC Minutes January 24, 2006 Page? Commissioner Burnett — None. Commissioner Horgan - Requested a presentation regarding in -lieu parking fees at their workshop. ADJOURNMENT: Adjourned at 7:55 p.m. to the next regularly scheduled meeting of Tuesday, February 14, 2006. APPR ED BY: and Zelef ky, Secretary (06p=0124)