HomeMy WebLinkAbout2008-09-23MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, SEPTEMBER 23, 2008
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 A P P
ROLL CALL: Farley, Dwyer, Shier Burnett, Livengood, Shaw, Speaker, Scandura
Commissioner Shaw was absent.
AGENDA APPROVAL
A MOTION WAS MADE BY SHIER BURNETT, SECONDED BY SCANDURA, TO APPROVE
THE PLANNING COMMISSION STUDY SESSION AGENDA OF SEPTEMBER 23, 2008, BY
THE FOLLOWING VOTE:
AYES:
Farley, Dwyer, Shier Burnett, Livengood, Speaker, Scandura
NOES:
None
ABSENT:
Shaw
ABSTAIN:
None
MOTION APPROVED
A. PROJECT REVIEW (FUTURE AGENDA ITEMS)
A-1. ENVIRONMENTAL IMPACT REPORT NO.07-003 (VILLAGE AT BELLA
TERRA) — Jane James, Senior Planner
Jane James, Senior Planner, gave an overview of the project and said that the
environmental consultant from PBS&J was present and available to answer
questions.
Commissioner Scandura asked how many public comments were received, and
the consultant said that five comments were received (four written and one
verbal).
Commissioner Scandura also asked if the mitigation measures had been
incorporated into the Conditional Use Permit and staff said yes.
Commissioner Speaker asked if the cumulative housing numbers are over those
of SCAG (Southern California Association of Governments) and staff indicated
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that this will be addressed in the Environmental Impact Report when this project
comes before the Planning Commission on October 14, 2008.
Chair Livengood asked if the former Levitz site is included in this project plan and
staff said no. Chair Livengood also asked if a traffic lane will be added to Beach
Blvd. to accommodate traffic and staff indicated that the approval and the funding
for improvements to Beach Blvd. fall under Caltrans' jurisdiction.
A-2. GENERAL PLAN AMENDMENT NO.08-003/ZONING MAP AMENDMENT NO.
08-003/TENTATIVE PARCEL MAP NO. 08-120 (ISLAND BAY RESIDENTIAL)
— Ricky Ramos, Senior Planner
Ricky Ramos, Senior Planner, gave an overview of the project
Commissioner Scandura asked if the project would create a parcel at the site and
staff said yes. Scandura also inquired about the current land use at the site and
staff said the land is currently being used as a golf course.
Commissioner Speaker indicated that he thought this project might have come
before the Planning Commission ten to fifteen years ago, and asked staff to
research this issue.
Chair Livengood asked if the Homeowners' Association of Island Bay had been
notified of this Study Session, and staff said no, but that they will be notified
when this project comes before the Planning Commission at the Public Hearing.
A-3. CONDITIONAL USE PERMIT NO. 08-028 (APPEAL — SPRINGDALE STREET
COMMERCIAL CENTER/MAKARI BUILDING) — Ron Santos, Associate
Planner
Ron Santos, Senior Planner, gave an overview of the project and indicated that
no public comments have been received and that the project complies with
zoning code.
Commissioner Dwyer noted that there is a discrepancy between City records and
the Assessor's rolls regarding the cost for undergrounding utilities. He asked if
this was due to the fire at the property. Director of Planning Scott Hess stated
that he would provide this information to the Planning Commission.
Chair Livengood asked for the exact dimensions of the site's foundation pad and
Transportation Manager Bob Stachelski stated that the Public Works Department
is uncertain what the dimensions were.
Chair Livengood also asked staff to provide the cost of undergrounding utilities
when this project comes before the Planning Commission at the Public Hearing
on October 14, 2008. Staff stated that the approximate undergrounding costs
would be $125,000 and would not include the Verizon lines.
B. STUDY SESSION ITEMS - NONE
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C. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS)
Herb Fauland, Planning Manager, reported that there are four Late Communications for
Item No. B-1 and one Late Communication for Item No. B-2.
D. PLANNING COMMISSION COMMITTEE REPORTS
Commissioner Scandura reported on the Neighborhood Compatibility Committee
meeting and noted that the Committee's focus will be to develop design guidelines to be
incorporated into the Zoning Ordinance. He noted that the next Neighborhood
Compatibility meeting will be held on October 7, 2008.
Vice -Chair Shier Burnett spoke of her attendance at the Green Expo held at the Central
Library on September 20, 2008.
Commissioner Farley reported on the Design Review Board and their review of the
Village at Bella Terra text amendment and design guidelines. He also noted that the
Board discussed minor sign changes and a possible Planning Department policy memo
to help streamline the process.
E. PUBLIC COMMENTS
Peter Haddad, the architect for Item No. A-3 (Springdale Street Commercial
Center/Makari Building) advised that he was available to answer questions.
Bill Makari, the property owner on Item No. A-3 (Springdale Street Commercial
Center/Makari Building), advised that he was available to answer questions.
Lindsay Parton, the applicant on Item No. A-1 (Village at Bella Terra) commended staff
on their work on the Environmental Impact Report and the specific plan.
Karen Otis, architect on Item No. B-2 (Pacific View Mixed Use Building) spoke regarding
the revisions made to the project plans, which were based on the Design Review
Board's recommendation.
F. PLANNING COMMISSION COMMENTS
Commissioner Scandura reported on his recent visit to the Trio Apartments in Pasadena.
Vice Chair Shier Burnett reported on access issues with the reconstruction of the
sidewalk at the northeast corner of Beach Blvd. and Talbert Street.
Commissioner Dwyer asked staff about the progress of the sewer construction at Pacific
Coast Highway and Warner Avenue. City Engineer Tony Olmos noted that the target
date for construction completion is the end of 2008.
Chair Livengood announced the upcoming Planning Directors Association of Orange
County Forum 2008, to be held in Costa Mesa on October 16, 2008. He also asked staff
the status of the boarded -up restaurant located at the northwest corner of Magnolia
Street and Warner Avenue.
6:20 PM — RECESS FOR DINNER
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7:00 P.M. — COUNCIL CHAMBERS
CALL PLANNING COMMISSION MEETING TO ORDER
PLEDGE OF ALLEGIANCE — Led by Commissioner Speaker
P P P P A P P
ROLL CALL: Farley, Dwyer, Shier Burnett, Livengood, Shaw, Speaker, Scandura
Commissioner Shaw was absent.
AGENDA APPROVAL
Chair Livengood recommended moving Item No. B-2 before Item Nos. B-1-a, B-1-b and B-1-c.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY DWYER, TO MOVE ITEM NO. B-2
BEFORE ITEMS NO. B-1-a, No. B-1-b and No. B-1-c, AND TO APPROVE THE PLANNING
COMMISSION AGENDA OF SEPTEMBER 23, 2008, BY THE FOLLOWING VOTE:
AYES: Farley, Dwyer, Shier Burnett, Livengood
NOES: Scandura
ABSENT: Shaw
ABSTAIN: Speaker
MOTION APPROVED
THE MINUTES WILL REFLECT THE ITEMS IN THEIR ORIGINAL ORDER ON THE AGENDA
A. ORAL COMMUNICATIONS
Dave Sullivan, resident and former Huntington Beach Mayor, spoke in opposition to Item
No. B-1.
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B. PUBLIC HEARING ITEMS
B-1-a. ENVIRONMENTAL IMPACT REPORT NO. 07-004 (THE RIPCURL) Applicant:
Andrew Nelson/Alex Wong, Amstar/Red Oak Huntington Beach, LLC Request: To
analyze the potential environmental impacts associated with the implementation of
the proposed Zoning Text Amendment No. 07-004 (ZTA), General Plan
Amendment No. 07-003 (GPA), Zoning Map Amendment No. 07-001 (ZMA), and
Conditional Use Permit No. 07-043, a request to permit the construction of a
mixed -use development consisting of 440 residential units and 10,000 sq. ft. of
commercial uses on an approximate 3.8 acre site and associated infrastructure.
The project is proposed to be six stories in height consisting of four levels of
housing above two levels of above ground parking and one level of subterranean
parking. The commercial component is proposed on the ground level adjacent to
two levels of above grade parking. Outdoor amenities for the residential uses
include a pool and spa area, fire pit and movie projection area. Indoor amenities
include a fitness center, business center, conference room, and clubhouse. The
GPA and ZMA would amend the General Plan and Zoning designations from
commercial to mixed -use for the subject property. The ZTA establishes the Mixed
Use -Transit Center District zoning and development standards. Location: 7302-
7400 Center Avenue, 92647 (southeast corner of Gothard Street and Center
Avenue). Project Planner: Tess Nguyen
STAFF RECOMMENDATION: Motion to: "Certify EIR No. 07-004 as adequate and
complete in accordance with CEQA requirements by approving Resolution No. 1624
(Attachment No. 1)."
The Commission made the following disclosures:
• Commissioner Scandura has spoken with staff, spoken with the applicant,
attended the Study Sessions, and visited the site.
• Commissioner Speaker has spoken with staff and the applicant, attended
the Study Sessions and visited the site.
• Chair Livengood has attended the Study Sessions, spoken with staff and
attended the field trip on September 11, 2008.
• Vice Chair Shier Burnett has attended the Study Sessions, spoken with
the applicant, visited the site and attended the field trip on September 11,
2008.
• Commissioner Dwyer has attended the Study Sessions, spoken with the
applicant, visited the site and attended the field trip on September 11,
2008.
• Commissioner Farley has attended the Study Sessions, attended the field
trip on September 11, 2008, visited the site, spoken with the applicant
and spoken with Councilwoman Hardy.
Tess Nguyen, Associate Planner, gave an overview of the project.
Chair Livengood recommended that the Public Hearing portion should encompass
Item Nos. B-1-a, B-1-b and B-1-c, with a four minute limit per public speaker.
Director of Planning Scott Hess concurred and noted that each public speaker would
be given four minutes to address all components of the project detailed in Item Nos.
B-1-a, B-1-b and B-1-c.
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THE PUBLIC HEARING WAS OPENED.
Andrew Nelson, the applicant, gave a PowerPoint presentation and noted that he
was available to answer questions.
Robert Sternberg, Goldenwest Neighborhood Association, spoke against Item No. B-
1, citing concerns with height and density.
David Harris, resident, spoke in opposition to Item No. B-1. His concerns were with
traffic impacts and that building a multi -story mixed -use structure would set a bad
precedent for the area. He also noted that there is an appeal period of ten days after
the Planning Commission's decision on the project.
Jerrold Clarke, resident, spoke in favor of Item No. B-1, saying that he thinks the
advantages of the project outweigh the disadvantages.
Dan Golovato from Equity Residential, spoke in favor of Item No. B-1, as he is in
favor of providing additional housing to Boeing employees.
Charlie Bunten, resident, spoke in favor of Item No. B-1, stating that this is a good
location for new apartment homes.
Dave Sullivan, resident, spoke against Item No. B-1, citing issues with increased
traffic and the lack of guest parking at the proposed project.
Jody Secor, resident, spoke in favor of Item No. B-1, stating that she likes the
project's design.
Richard Moore, resident, spoke in opposition to Item No. B-1, and stated that he is
concerned with the proposed building's density, along with traffic and parking issues.
Barbara Delgleize, local realtor, spoke in favor of Item No. B-1, saying that she
supports the walkability and green design of the proposed project.
Laura Rea, Westminster resident, spoke in favor of Item No. B-1, saying that she
believes that this mixed -use project would provide a good opportunity for water
conservation.
Mike Adams, resident, spoke in support of Item No. B-1, saying that he liked the
project design and walkability.
Steve Dodge from the Huntington Executive Park, spoke in favor of Item No. B-1,
saying he felt the project would lead to a revitalization of the city.
Ann Cannan, tenant at the Towers at Bella Terra, spoke in support of Item No. B-1,
saying that she felt the project would revitalize the local economy.
Tim Noner, former Huntington Beach resident, spoke in favor of Item No. B-1, saying
that it would be a good land use for this location.
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Todd LaPlante, Huntington Beach Chamber of Commerce, spoke in favor of Item
No. B-1, stating that he feels it is a quality project and will fill a need in the local
housing and retail markets.
Dawn Clayton from the Amstar Group spoke in support of Item No. B-1, saying that
she supports the smart growth for the area that this project could provide.
James Torres, resident, spoke in favor of Item No. B-1, saying that he is in favor of
mixed -use developments.
Andrew Nelson, applicant, spoke again and noted that he would be happy to
address all concerns voiced by the public speakers.
WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS
CLOSED.
Commissioner Scandura discussed the Beach/Edinger Corridor specific plan and its
relevance to The Ripcurl's Environmental Impact Report.
Chair Livengood discussed the electromagnetic fields produced by the power lines
at The Ripcurl's proposed site and also said that he would consider approving
tandem parking. He also noted that if The Ripcurl receives zoning approval, then
the former Levitz site and Old World Village will have a precedent to follow.
Chair Livengood asked if the City of Westminster had been part of the project's
traffic analysis. He also noted that the City of Pasadena has a residential density
limit of 87 units per acre.
Commissioner Scandura noted that The Ripcurl project has been divided into three
sections: Environmental Impact Report, Zoning Text Amendment, and General Plan
Amendment, and said that he believes the Environmental Impact Report to be
adequate and called for a vote.
A MOTION WAS MADE BY SCANDURA, SECONDED BY SHIER-BURNETT, TO
CERTIFY ENVIRONMENTAL IMPACT REPORT NO. 07-004 AS ADEQUATE
AND COMPLETE IN ACCORDANCE WITH CEQA REQUIREMENTS BY
APPROVING RESOLUTION NO. 1624 (ATTACHMENT NO. 1) BY THE
FOLLOWING VOTE:
AYES: Farley, Dwyer, Shier -Burnett, Livengood, Scandura
NOES: Speaker
ABSENT: Shaw
ABSTAIN: None
MOTION APPROVED
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B-1-b. ZONING TEXT AMENDMENT NO 07-004 (MIXED -USE TRANSIT CENTER
DISTRICT) Applicant: Andrew Nelson/Alex Wong, Amstar/Red Oak Huntington
Beach, LLC Re uest: To amend the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO) by adding Chapter 218 to establish the Mixed -Use Transit
Center District zoning and development standards. Location: Proposed to be
available for use by Properties Within One -Quarter Mile Radius of an Established
Transit Center Project Planner: Tess Nguyen
STAFF RECOMMENDATION: Motion to: "Approve Zoning Text Amendment
No. 07-004 with modifications and findings for approval (Attachment No. 1) and
forward the draft Ordinance (Attachment No. 3) to the City Council for adoption."
Tess Nguyen, Associate Planner, gave an overview of the project.
Chair Livengood recommended to staff that the Zoning Text Amendment not be
built around the project, but rather what is the best land use for Huntington
Beach.
Commissioner Farley asked about the greater Floor Area Ratio (FAR) on the
project, and Planning Manager Mary Beth Broeren noted that the Beach/Edinger
Corridor Specific Plan shares components with The Ripcurl.
Commissioner Scandura noted that the part of the Zoning Text Amendment
includes a residential density of 130 units per acre.
Commissioner Shier -Burnett said that she feels the project will be an asset to the
city, but that she is against the proposed tandem parking.
Commissioner Speaker said that even though the project would be located next
to a transit center, that center is not being used as a transit district. He noted
that he doubted the transit center would be used by the potential residents of The
Ripcurl.
Commissioner Dwyer asked staff about the total square footage of commercial
space allocated to the project and staff said that there are no minimum or
maximum thresholds. Dwyer also noted that the specific plan includes a
walkway between the proposed Ripcurl project, the Levitz site and Bella Terra
and recommended that the inclusion of the walkway be part of the Zoning Text
Amendment.
Commissioner Dwyer also recommended raising the minimum square footage
per unit to 500 square feet and noted that he has visited mixed -use sites in
Anaheim and Santa Ana where retail stores flourished when parking was
provided in front of those stores.
Kellee Fritzal, Deputy Director of Economic Development, recommended that all
affordable housing units be located on -site. Commissioner Speaker asked about
affordable housing in the Holly Seacliff Specific Plan, and staff noted that the
Specific Plan includes moderate income housing.
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Commissioner Scandura said that he would be in favor of the project, but would
recommend that there be tandem parking (but no compact parking) and that
there be an average of 50 cubic feet of storage space per unit instead of a
minimum of 50 cubic feet per unit.
Commissioner Farley noted that he is against both tandem and compact parking,
and Vice Chair Shier-Bumett said that she is against tandem parking.
Commissioner Shier -Burnett also said that she agrees with staffs
recommendation on the Floor Area Ratio (FAR) at 2.5, that the front setback on
the site should be a minimum of 10' and agrees with Commission Scandura
regarding the average of 50 cubic feet of storage space per unit.
Chair Livengood recommended an 87 unit per acre limit, a structure height limit
of 75' and a front setback of 10'. Director of Planning Scott Hess asked Chair
Livengood to summarize the Planning Commission's recommended changes to
the Zoning Text Amendment.
Planning Manager Mary Beth Broeren noted that staff does not agree with the
Planning Commission's recommended front setback of 10' and recommended
that the setback be 5'.
Commissioner Farley recommended that the Floor Area Ratio (FAR) be less than
2.5 and Commissioner Dwyer concurred, saying that the Floor Area Ratio should
be less than 2.5 but not less than 2.25. Vice Chair Shier -Burnett and
Commissioner Speaker both agreed with a Floor Area Ratio from 2.25-2.5.
Commissioner Scandura recommended no less than 2.25 and Chair Livengood
recommended 2.25.
STRAW VOTE #1
To permit the maximum building height at 75'.
AYES:
Farley, Shier -Burnett, Speaker, Scandura
NOES:
Dwyer, Livengood
ABSTAIN:
None
ABSENT:
Shaw
MOTION APPROVED
STRAW VOTE #2
To permit a maximum Floor Area Ratio (FAR) of 2.25.
AYES:
Farley, Dwyer, Shier -Burnett, Livengood, Speaker, Scandura
NOES:
None
ABSTAIN:
None
ABSENT:
Shaw
MOTION APPROVED
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STRAW VOTE #3
To permit the minimum floor area per unit to 500 square feet.
AYES:
Farley, Dwyer, Shier -Burnett, Livengood, Speaker, Scandura
NOES:
None
ABSTAIN:
None
ABSENT:
Shaw
MOTION APPROVED
STRAW VOTE #4
To allow the per unit storage space from 50 cubic feet per unit to an
average of 50 cubic feet per unit.
AYES:
Farley, Dwyer, Shier -Burnett, Livengood, Speaker, Scandura
NOES:
None
ABSTAIN:
None
ABSENT:
Shaw
MOTION APPROVED
STRAW VOTE #5
To require a Conditional Use Permit for any alcohol, eating and drinking or
live entertainment use to come before the Planning Commission.
AYES:
Dwyer, Speaker, Scandura
NOES:
Farley, Shier -Burnett, Livengood
ABSTAIN:
None
ABSENT:
Shaw
MOTION FAILED
STRAW VOTE #6
To permit one guest parking space per unit.
AYES:
Farley, Dwyer, Shier -Burnett, Livengood, Speaker, Scandura
NOES:
None
ABSTAIN:
None
ABSENT:
Shaw
MOTION APPROVED
STRAW VOTE #7
To delete the provision of compact parking spaces.
AYES:
Farley, Dwyer, Shier -Burnett, Livengood, Speaker, Scandura
NOES:
None
ABSTAIN:
None
ABSENT:
Shaw
MOTION APPROVED
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STRAW VOTE #9
To delete the provision of tandem parking.
AYES:
Farley, Dwyer, Shier -Burnett, Speaker
NOES:
Livengood, Scandura
ABSTAIN:
None
ABSENT:
Shaw
MOTION APPROVED
STRAW VOTE #10
To permit up to 10% of the total required on -site parking to be tandem in
design, pursuant to a Conditional Use Permit.
AYES:
Farley, Dwyer, Shier -Burnett, Speaker
NOES:
Livengood, Scandura
ABSTAIN:
None
ABSENT:
Shaw
MOTION APPROVED
STRAW VOTE #11
To require reciprocal access.
AYES:
Farley, Dwyer, Shier -Burnett, Livengood, Speaker, Scandura
NOES:
None
ABSTAIN:
None
ABSENT:
Shaw
MOTION APPROVED
STRAW VOTE #12
To permit compact car parking spaces, which will not be counted in the
overall required number of parking spaces.
AYES:
Farley, Dwyer, Shier -Burnett, Livengood, Speaker, Scandura
NOES:
None
ABSTAIN:
None
ABSENT:
Shaw
MOTION APPROVED
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STRAW VOTE #13
To permit a maximum Floor Area Ratio (FAR) of 2.36.
AYES:
Dwyer, Shier -Burnett, Livengood, Speaker, Scandura
NOES:
Farley
ABSTAIN:
None
ABSENT:
Shaw
MOTION APPROVED
A MOTION WAS MADE BY SCANDURA, SECONDED BY DWYER, TO
APPROVE ZONING TEXT AMENDMENT NO. 07-004 WITH THE APPROVED
STRAW VOTE MOTIONS AND FINDINGS FOR APPROVAL (ATTACHMENT
NO. 1) AND FORWARD THE DRAFT ORDINANCE (ATTACHMENT NO.3) TO
THE CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE:
AYES: Farley, Dwyer, Shier -Burnett, Livengood, Speaker, Scandura
NOES: None
ABSENT: Shaw
ABSTAIN: None
MOTION APPROVED
FINDINGS FOR APPROVAL — ZONING TEXT AMENDMENT NO.07-004
1. Zoning Text Amendment No. 07-004 amends the HBZSO by adding Chapter 218 that
establishes the Mixed Use -Transit Center District zoning and development standards. The
proposed change will be consistent with the objectives, policies, general land uses and
programs specified in the City's General Plan because it fosters mixed use development
that is optimally located near existing transit.
2. In the case of general land use provisions, the Zoning Text Amendment is consistent with
the uses authorized in, and the standards prescribed for, the zoning district for which they
are proposed. The proposed land uses identified in the Mixed Use -Transit Center District
land use designation are consistent with the General Plan.
3. A community need is demonstrated for the change proposed. The proposed mixed use -
transit center district zoning provides the standards necessary to develop a high quality of
mixed use land uses complementing and enhancing surrounding land uses. The existing
Commercial General Land Use and Zoning designations do not facilitate the development of
mixed -use projects. The mixed use -transit center district land use designation allows for the
development of a mixed -use project that produces an environment which is both attractive
and sustainable by increasing housing options for diverse household types, promoting
alternative modes of transportation, creating a local sense of place, reducing infrastructure
and maintenance costs, and allowing for more efficient use of land resources.
4. The adoption of the Mixed Use -Transit Center District zoning is consistent with good zoning
practice and was prepared utilizing a comprehensive approach, which included involving the
public in numerous public meetings and reviewing the proposed development in terms of
potential benefits of this type of development in the larger context of directing future growth.
The adoption of this zoning design would implement the goals of smart growth and
sustainable development.
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B-1-c. GENERAL PLAN AMENDMENT NO. 07-003/ZONING MAP AMENDMENT NO.
07-001/ CONDITIONAL USE PERMIT NO. 07-043 (THE RIPCURL) Applicant:
Andrew Nelson/Alex Wong, Amstar/Red Oak Huntington Beach, LLC Re uest:
GPA: To amend the General Plan Land Use Designation from the current CG-
F1-d (Commercial General-0.35 Max Floor Area Ratio —Design Overlay) to the
proposed M-F7-d (Mixed Use-3.0 Max Floor Area Ratio —Design Overlay)
designation. ZMA: To amend the Zoning designation from the current CG
(Commercial General) to the proposed MU-TCD (Mixed Use -Transit Center
District) designation. CUP: To develop and construct a mixed use residential and
commercial development (approximately 382,700 sq. ft.) consisting of 440
residential units (including 11 live/work units), 10,000 sq. ft. of commercial uses,
705 parking spaces, outdoor amenities (pool and spa, fire pit and movie
projection area), and indoor amenities (fitness center, business center,
conference room and clubhouse). The project would be six stories in height and
consist of four levels of housing over three levels of parking Location: 7302-
7400 Center Avenue, 92647 (southeast corner of Gothard Street and Center
Avenue). Project Planner: Tess Nguyen
STAFF RECOMMENDATION: Motion to:
A. "Approve General Plan Amendment No. 07-003 by approving the draft
City Council Resolution (Attachment No. 1) and forward to the City
Council for Adoption."
B. "Approve Zoning Map Amendment No. 07-001 with findings for approval
(Attachment No. 2) and forward the draft Ordinance (Attachment No. 3) to
the City Council for adoption."
C. "Approve Conditional Use Permit No. 07-043 with findings and suggested
conditions of approval (Attachment No. 6)."
D. "Approve CEQA Statement of Findings and Fact with a Statement of
Overriding Considerations (Attachment No. 11)."
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHAW, TO
CONTINUE GENERAL PLAN AMENDMENT NO.07-003/ZONING MAP
AMENDMENT NO. 07-001/CONDITIONAL USE PERMIT NO. 07-043 TO THE
SPECIAL MEETING OF SEPTEMBER 30, 2008, WITH THE PUBLIC HEARING
CLOSED, BY THE FOLLOWING VOTE:
AYES: Farley, Dwyer, Shier -Burnett, Livengood, Speaker, Scandura
NOES: None
ABSENT: Shaw
ABSTAIN: None
MOTION APPROVED
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B-2. MITIGATED NEGATIVE DECLARATION NO.08-011/COASTAL
DEVELOPMENT PERMIT NO.08-005/CONDITIONAL USE PERMIT NO. 08-
011 WITH SPECIAL PERMIT NO.08-0021 VARIANCE NO.08-006 (Pacific
View Mixed Use Building) Applicant: Karen Otis, Otis Architecture Request:
MND: To analyze the potential environmental impacts associated with the
implementation of the proposed project. CUP/CDP: To permit the construction of
an approximately 12,898 sq. ft. mixed -use development consisting of visitor
serving commercial (retail) on the ground floor and a total of seven residential
units on the second and third floors. Parking for the mixed use development will
be provided within a 40-space, two level subterranean parking structure.
SPECIAL PERMITS: To permit the following, 1) an 11 ft. to 18 ft. front yard
setback along Pacific Coast Highway in lieu of the minimum required 25 ft.
landscaped setback., 2) a six foot upper story setback along the Pacific Coast
Highway frontage in lieu of a minimum average of 10 ft. upper story setback, 3)
an eight ft. to 10 ft. exterior (street) side yard setback along Seventh Street in lieu
of the minimum required 15 ft. landscaped setback, 4) a 0 ft. foot upper story
setback along the Seventh Street frontage in lieu of a minimum average of 10 ft.
upper story setback, 5) a five ft. interior side yard setback in lieu of the minimum
required seven ft. side yard setback, and 6) a slope of 15% in lieu of the
maximum allowed slope of 10% for parking garage transition ramps VAR: To
allow a fourth floor deck in lieu of the maximum allowed number of three floors
for purposes of providing common open space. Location: 620 Pacific Coast
Highway, 92648 (Northeast corner of Pacific Coast Highway and Seventh St.)
Proiect Planner: Rami Talleh
STAFF RECOMMENDATION: Motion to:
A. "Approve Mitigated Negative Declaration No. 08-011 with findings and
Mitigation Measures (Attachment No. 1)."
B. "Deny Variance No. 08-06 with findings for denial (Attachment No. 1)."
C. "Continue Coastal Development Permit No. 08-005 and Conditional Use
Permit No. 08-011 with Special Permit No. 08-002 to redesign the
project."
The Commission made the following disclosures:
• Commissioner Speaker recused himself from this project.
• Commissioner Farley has attended the Study Session, discussed this
project with the Design Review Board and visited the site.
• Commissioner Dwyer has attended the Study Session and visited the
site.
• Vice Chair Shier -Burnett has attended the Study Session and visited the
site.
• Chair Livengood has attended the Study Session and visited the site.
• Commissioner Scandura has attended the Study Session and visited the
site and discussed the project with staff.
Rami Talleh, Senior Planner, gave an overview of the project and noted that there
were two Late Communications, one from Economic Development and one from a
neighbor.
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Commissioner Scandura inquired as to a possible continuance of this item and asked
if the applicant would have enough time to prepare revised plans if this item is
continued to the Planning Commission meeting on November 12, 2008.
Chair Livengood asked staff about the cost of the median and Principal Civil Engineer
Terri Elliott said the cost is approximately $75,000.
Commissioner Dwyer asked about the proposed roof deck on the fourth floor. Senior
Planner Rami Talleh said that the roof deck will be designated as common open
space. Talleh also noted that the applicant had responded to the Design Review
Board's recommendations by proposing to keep the square tower feature and provide
an 18 inch upper story setback on the third floor of the tower.
THE PUBLIC HEARING WAS OPENED.
Karen Otis of Otis Architecture, spoke in support of Item No. B-2 and noted that the
project plans are in compliance with code.
Michael Younessi, property owner, spoke in favor of Item No. B-2 and noted that the
project plans have been modified based on the Design Review Board's
recommendations.
Margarita Volker, resident, spoke in opposition to Item No. B-2, saying that she
doesn't care for the design features.
Linda Tamesian, resident, spoke in opposition to Item No. B-2, citing concerns with
noise levels.
WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS
CLOSED.
Commissioner Farley asked if the entrance/exit alleyway was wide enough and staff
said that it meets the minimum required turnaround radius. Farley also asked about
delivery truck loading times and zones and staff said that designated loading zones
are required for buildings over 20,000 square feet.
Commissioner Dwyer stated that he doesn't care for the building design.
Vice Chair Shier -Burnett asked if there is going to be a loading space for the building
and staff said that there is none designated.
Vice Chair Shier -Burnett said that she has concerns with parking and trash and the
42" guard rail on the balcony.
Commissioner Scandura said that he likes the building's design, but would prefer to
limit it to 3 stories instead of 4 stories.
Commissioner Farley reported on his attendance at the three Design Review Board
meetings where this project was reviewed. He said that he doesn't care for the
design, and doesn't think it fits in with the downtown urban design guidelines. He also
said that he has concerns with traffic and density.
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Chair Livengood asked the applicant if they would agree to a continuance and
the applicant said yes.
Commissioner Dwyer asked if the project was in compliance with the Fire Code
and Fire Division Chief Bill Reardon said that it is.
Planning Manager Herb Fauland recommended a continuance of this item for a
minimum of two months.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHIER-BURNETT,
TO CONTINUE MITIGATED NEGATIVE DECLARATION NO.08-
011/COASTAL DEVELOPMENT PERMIT NO.08-005 TO THE NOVEMBER 25,
2008 STUDY SESSION AND THEN TO THE PUBLIC HEARING ON
DECEMBER 9, 2009, BY THE FOLLOWING VOTE:
AYES:
Farley, Dwyer, Shier -Burnett, Livengood, Scandura
NOES:
None
ABSENT:
Shaw
ABSTAIN:
Speaker
MOTION APPROVED
C. CONSENT CALENDAR
C-1. PLANNING COMMISSION MINUTES DATED MAY 27, 2008
RECOMMENDED ACTION: Motion to "Approve the May 27, 2008, Planning
Commission Minutes as submitted."
A MOTION WAS MADE BY SPEAKER, SECONDED BY DWYER, TO
APPROVE THE MAY 27, 2008 PLANNING COMMISSION MINUTES AS
SUBMITTED, BY THE FOLLOWING VOTE:
AYES:
Farley, Dwyer, Shier Burnett, Livengood, Speaker, Scandura
NOES:
None
ABSENT:
Shaw
ABSTAIN:
None
MOTION APPROVED
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C-2. PLANNING COMMISSION MINUTES DATED JUNE 2492008
RECOMMENDED ACTION: Motion to "Approve the June 24, 2008, Planning
Commission Minutes as submitted."
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO
APPROVE THE JUNE 24, 2008 PLANNING COMMISSION MINUTES AS
SUBMITTED, BY THE FOLLOWING VOTE:
AYES: Farley, Dwyer, Livengood, Speaker, Scandura
NOES: None
ABSENT: Shaw
ABSTAIN: Shier Burnett
MOTION APPROVED
D. NON-PUBLIC HEARING ITEMS - NONE
E. PLANNING ITEMS
E-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Scott Hess. Director of Planning - reported on the items from the previous
City Council meeting.
E-2. CITY COUNCIL ITEMS FOR NEXT MEETING
Scott Hess. Director of Planning — reported on the items scheduled for the
next City Council meeting.
E-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING
Herb Fauland, Planning Manager— reported on the items scheduled for the
next Planning Commission meeting
F. PLANNING COMMISSION ITEMS
F-1. PLANNING COMMISSION REQUEST ITEMS — NONE
F-2. PLANNING COMMISSION COMMENTS - NONE
ADJOURNMENT: Adjourned at 11:45 PM to the Planning Commission Field Trip on
September 30, 2008, and then to the Planning Commission Special Meeting on
September 30, 2008.
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Elizabeth Shier Burnett, Chair
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