HomeMy WebLinkAbout2008-12-09MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
TUESDAY, DECEMBER 9, 2008
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
P P P P P P
ROLL CALL: Farley, Shier Burnett, Livengood, Shaw, Speaker, Scandura
AGENDA APPROVAL
A MOTION WAS MADE BY SHAW, SECONDED BY SHIER BURNETT, TO APPROVE THE
PLANNING COMMISSION STUDY SESSION AGENDA OF DECEMBER 9, 2008, BY THE
FOLLOWING VOTE:
AYES:
Farley, Shier Burnett, Livengood, Shaw, Scandura
NOES:
None
ABSENT:
None
ABSTAIN:
Speaker
MOTION APPROVED
A. PROJECT REVIEW (FUTURE AGENDA ITEMS)
A-1. CONDITIONAL USE PERMIT NO. 08-011 (PACIFIC VIEW/620 PACIFIC
COAST HIGHWAY) — Rami Talleh, Senior Planner
Commissioner Speaker recused himself due to a possible conflict of interest and
left the room.
Rami Talleh, Senior Planner, gave a brief overview of the project. He noted that
the variance request had been withdrawn by the applicant. The proposed
structure would now be three stories in height, and the applicant's revised plans
include reduced common open space and increased private open space. He
further stated that there is one Late Communication for Item No. B-2 (Pacific
View) in which the Public Works Department recommends the deletion of
Condition of Approval No. 4. He also said that Page No. 5 of the staff report is
missing from reproduced documents and has been included as part of the Late
Communication.
Commissioner Scandura asked if the reduction in common open space resulted
in a design change and staff said no.
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Commissioner Shaw asked if park in -lieu fees would be paid for this project and
staff said yes.
Chair Livengood asked staff about the design of the project's tower. Rami Talleh
said that staff is recommending a 5' tower setback, but the applicant would prefer
an 18" setback.
B. STUDY SESSION ITEMS - NONE
C. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS)
Herb Fauland, Planning Manager, advised that there is one Late Communication for
Item No. B-1 and one Late Communication for Item No. B-2. Commissioner Scandura
announced that he would recuse himself from Agenda Item No. B-2 due to a possible
conflict of interest.
D. PLANNING COMMISSION COMMITTEE REPORTS - NONE
E. PUBLIC COMMENTS
Karen Otis of Otis Architecture, applicant for Agenda Item No. B-1, spoke in favor of the
project . She noted that Otis Architecture disagrees with staffs recommendation of a 5'
tower setback and would prefer an 18" setback.
F. PLANNING COMMISSION COMMENTS - NONE
6:20 PM — RECESS FOR DINNER
7:00 P.M. — COUNCIL CHAMBERS
CALL PLANNING COMMISSION MEETING TO ORDER
PLEDGE OF ALLEGIANCE — Led by Commissioner Farley
P P P P P P
ROLL CALL: Farley, Shier Burnett, Livengood, Shaw, Speaker, Scandura
AGENDA APPROVAL
Chair Livengood recommended moving Item No. B-2 before Item No. B-1.
A MOTION WAS MADE BY SHAW, SECONDED BY FARLEY, TO MOVE ITEM NO. B-2
BEFORE ITEM NO. B-1 AND TO APPROVE THE PLANNING COMMISSION AGENDA OF
DECEMBER 9, 2008, BY THE FOLLOWING VOTE:
AYES: Farley, Shier Burnett, Livengood, Shaw, Scandura
NOES: None
ABSENT: None
ABSTAIN: Speaker
MOTION APPROVED
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THE MINUTES SHALL REFLECT AGENDA ITEMS IN THEIR ORIGINAL ORDER.
A. ORAL COMMUNICATIONS - NONE
B. PUBLIC HEARING ITEMS
B-1. COASTAL DEVELOPMENT PERMIT NO. 08-005/CONDITIONAL USE PERMIT
NO. 08-011 WITH SPECIAL PERMIT NO. 08-002/MITIGATED NEGATIVE
DECLARATION NO. 08-011 (Pacific View Mixed Use Building, continued
from September 23, 2008) 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 12,735 sq. ft., three-story mixed -use development consisting of
visitor serving commercial (retail) on the ground floor and a total of six 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, 6) a slope of 15% in lieu of the maximum
allowed slope of 10% for parking garage transition ramps, and 7) 500 sq. ft.
common open space in lieu of the minimum required 2,163 sq. ft. common open
space requirement. Location: 620 Pacific Coast Highway, 92648 (Northeast
corner of Pacific Coast Highway and Seventh St.) Project Planner: Rami Talleh
STAFF RECOMMENDATION: Motion to:
A. "Approve Mitigated Negative Declaration No. 08-011 with findings and
mitigation measures (Attachment No. 1)."
B. "Approve Coastal Development Permit No. 08-005 and Conditional Use
Permit No. 08-011 with Special Permit No. 08-002 with findings and
suggested conditions of approval."
The Commission made the following disclosures:
• Commissioner Farley had no disclosures since the last meeting.
• Vice Chair Shier Burnett has visited the site and attended two Study
Sessions.
• Chair Livengood had no disclosures since the last meeting.
• Commissioner Shaw has attended one Study Session.
• Commissioner Speaker recused himself due to a possible conflict of
interest.
• Commissioner Scandura has attended two Study Sessions.
Rami Talleh, Senior Planner, gave the staff presentation and an overview of the project.
He noted that the variance request had been withdrawn by the applicant. The proposed
structure would now be three stories, and the applicant's revised plans include reduced
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common open space and increased private open space. He also said that the Design
Review Board and staff are recommending a 5' tower setback, but the applicant would
prefer an 18" setback.
Commissioner Scandura noted that it is the Planning Commission's purview to approve
either the 5' setback or the 18" setback.
THE PUBLIC HEARING WAS OPENED.
Karen Otis of Otis Architecture, applicant for Agenda Item No. B-1, spoke in favor of the
project. She noted that Otis Architecture disagrees with staffs recommendation of a 5'
tower setback and would prefer an 18" setback.
Mike Younessi, the property owner, spoke in favor of Item No. B-1, and concurred with
Karen Otis's preference for an 18" tower setback.
Louis Dennis, resident, spoke in favor or Item No. B-1, stating that he likes the project's
design.
Marguerite Volker, resident, spoke in opposition to Item No. B-1, citing concerns with
privacy.
WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED.
Chair Livengood asked staff about contamination and water well abandonment and staff
stated that the mitigation measure addresses these issues. Staff also said that the
Planning Department has the city's specifications regarding contamination provided by
the Fire Department.
Commissioner Scandura stated that it is the Planning Commission's purview to make a
decision based on the best use of the land and not on a design preference.
Commissioner Shaw said that he concurs with Commissioner Scandura and asked if
The Strand project has a full setback. Staff stated that The Strand has a reduced
setback.
Planning Manager Herb Fauland noted that The Strand project had been granted a
special permit and that the front setback is zero.
Commissioner Shaw recommended that this project achieve LEED Silver certification.
Vice Chair Shier Burnett thanked staff for their efforts and noted that she likes the
proposed square tower design and is in favor of the project.
Commissioner Farley said that as a Design Review Board member, he has concerns
regarding private open space. He cited concerns with conflicting architectural styles and
said that he is not in favor of the project's current design.
Chair Livengood stated that he is in favor of the project's current design.
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A MOTION WAS MADE BY SCANDURA, SECONDED BY SHIER BURNETT, TO
APPROVE MITIGATED NEGATIVE DECLARATION NO. 08-011 WITH FINDINGS
AND MITIGATION MEASURES, AND TO APPROVE COASTAL DEVELOPMENT
PERMIT NO.08-005 AND CONDITIONAL USE PERMIT NO.08-011 WITH SPECIAL
PERMIT NO. 08-002 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL,
BY THE FOLLOWING VOTE:
AYES:
Shier Burnett, Livengood, Scandura
NOES:
Farley, Shaw
ABSENT:
None
ABSTAIN:
Speaker
MOTION APPROVED
FINDINGS FOR APPROVAL - MITIGATED NEGATIVE DECLARATION NO. 08-011:
1. The Mitigated Negative Declaration No. 08-011 has been prepared in compliance with
Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised
and made available for a public comment period of thirty (30) days. Comments received
during the comment period were considered by the Planning Commission prior to action on
the Mitigated Negative Declaration.
2. Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce
the project's effects to a point where clearly no significant effect on the environment will
occur.
3. There is no substantial evidence in light of the whole record before the Zoning Administrator
that the project, as mitigated through the attached mitigation measures, will have a
significant effect on the environment
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.08-005:
Coastal Development Permit No. 08-005 for the construction of a three story, approximately
12,898 sq. ft. mixed -use development consisting of visitor serving commercial (retail) on the
ground floor, residential units on the second and third floor, and a 40 space two -level
subterranean parking structure, as modified by conditions of approval, conforms with the
General Plan, including the Local Coastal Program. The proposed project would develop a
mix of commercial uses on parcels contiguous to similar uses in an established, urban,
downtown core area. Public services are currently available to the project site, as well as
the surrounding parcels, and the project includes improvements to existing infrastructure to
ensure adequate service after project implementation. Additionally, the proposed project
would develop visitor -serving commercial uses in the City's downtown core area, which has
been targeted for redevelopment as a destination location. Portions of the downtown core
have already been established, and include uses generally similar to those proposed by the
project, with the exception of a hotel, which would help further establish the area. The
project site is also located near other established points of attraction, including the
Huntington Beach Municipal Pier, and is intended to reinforce the vicinity as a major visitor -
serving district.
2. The project is consistent with the requirements of the CZ Overlay District, the base zoning
district, as well as other applicable provisions of the Municipal Code The proposed project
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as conditioned and with the special permits provides a development that is consistent with
the design guidelines, and is compatible with the scale and transition of surrounding
development, and provides consistent public.
3. At the time of occupancy the proposed development can be provided with infrastructure in a
manner that is consistent with the Local Coastal Program. The proposed project as
conditioned and with the implementation of all mitigation measure will provide all necessary
infrastructures to adequately service the site and not impact adjacent development. In
addition, the project provides the necessary public improvements such as dedications, curb,
gutters, sidewalks, streets, alleys, and easements.
4. The development conforms with the public access and public recreation policies of Chapter
3 of the California Coastal Act. The proposed project maintains all exiting and proposed
public access and does not conflict with any public recreation policies by the provision of a
development consistent with the City's General Plan, Coastal Element, and Downtown
Specific Plan.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.08-011:
Conditional Use Permit No. 08-005 for the construction of a three story, approximately
12,898 sq. ft. mixed -use development consisting of visitor serving commercial (retail) on the
ground floor, residential units on the second and third floor, and a 40 space two -level
subterranean parking structure will not be detrimental to the general welfare of persons
working or residing in the vicinity or detrimental to the value of the property and
improvements in the neighborhood. The project has been evaluated for compatibility with
the surrounding neighborhood and with the conditions of approval imposed, the project will
be designed to address the transition and scale of adjacent properties, be designed on a
pedestrian scale and character, will provide the required parking to serve the uses on site,
and will meet the goals and policies of the General Plan.
2. The conditional use permit will be compatible with surrounding uses because the project is
designed with a Mediterranean architectural theme which is compatible with the Downtown
Design Guidelines and will provide architectural elements and features to enhance the
pedestrian character and scale of the street scene surrounding the project. In addition, the
project incorporates the proper massing and scale, the design features of the Mediterranean
architectural style and the colors and materials recommended by the Design Guidelines for
the Downtown.
3. The proposed mixed use development 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. . The proposed project as conditioned and with the special permits
provides a development that is consistent with the design guidelines, is compatible with the
scale and transition of surrounding development, and provides consistent public
improvement for the two -block Main -Pier Phase II development.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of MV-F8-sp-d (Mixed Use Vertical —1.5
Max. Floor Area Ratio/ 25 Dwelling Units per Acre — Specific Plan Overlay — design Overlay)
on the subject property. In addition, it is consistent with the following goals and policies of
the General Plan:
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A. Land Use Element
Goal LU 4: Achieve and maintain high quality architecture, landscape, and public open
spaces in the City.
Policy LU 7.1.1: Accommodate existing uses and new development in accordance with the
Land Use and Density Schedules.
Goal LU 8: Achieve a pattern of land uses that preserves, enhances, and establishes a distinct
identity for the City's neighborhoods, corridors, and centers.
Goal LU9: Achieve the development of a range of housing units that provides for the
diverse economic, physical, and social needs of existing and future residents of
Huntington Beach.
Policy LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high
level of architectural and site layout quality.
Goal LU11: Achieve the development of projects that enable residents to live in
proximity to their jobs, commercial services, and entertainment, and reduce the need for
automobile use.
Policy 11.1.7: Require that mixed -use development projects be designed to achieve a
consistent and high quality character, including the consideration of architectural
treatment of building elevations to convey the visual character of multiple building
volumes and individual storefronts.
Policy LU 15.2.2: Require that structures located in the pedestrian overlay zone be sited and
designed to enhance pedestrian activity along the sidewalks, in consideration of the
following guidelines:
1) Incorporation of uses that stimulate pedestrian activity in the first floor along the
street frontage, encouraging professional offices, data computing, and other similar
uses to be located in the rear or above the first floor unless economically infeasible;
2) Siting of the linear frontage of the building along the front yard property line to
maintain a "building wall" character, except for areas contiguous with the structure
use for outdoor dining or courtyards;
3) Assurance that areas between building storefronts and public sidewalks are visually
and physically accessible to pedestrians, except as may be required for landscape
and security;
4) Extensive articulation of the building fagade and use of multiple building volumes and
planes;
5) Incorporation of landscape and other elements such as planter beds, planters, and
window boxes that visually distinguish the site and structure;
6) Incorporation of arcades, courtyards, and other recesses along the street elevation to
provide visual relief and interest;
7) Use of roofline and height variation to break up the massing and provide visual
interest;
8) Visual differentiation of upper and lower floors;
9) Distinct treatment of building entrances; and
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10) Use of pedestrian -oriented signage.
The subject property is located within Community Subarea 1 C (abutting the downtown
"Core") and complies with the standards for maximum building height of three (3) stories
within the subarea. Along the street frontages, the proposed design incorporates roofline
variations and articulation and decorative architectural details/elements. The project
also provides visual interest while enhancing the pedestrian experience in the
downtown. The visitor serving commercial (retail) and residential uses proposed for the
site represent development that would support the needs and reflect market demand of
City residents and visitors. The proposed development improves the project site, which
is currently vacant, and provides additional destination uses that would attract and
complement retail and restaurant uses.
B. Urban Design Element
Policies UD 1.1.2: Reinforce Downtown as the City's historic center and as a pedestrian -
oriented commercial and entertainment/recreation district by requiring new development
be designed to reflect the Downtowns historical structures and adopted Mediterranean
theme
Policies - UD 1.4.1: Enhance the connections, where feasible between the public
sidewalk and private commercial interior open spaces/courtyard
The project complies with the Urban Design Guidelines. Along the street frontages the
project provides an articulated facade and a pedestrian -oriented design through the use
of design elements such as building siting along the sidewalk and decorative stone and
a glass storefront used to distinguish the ground floor commercial from upper floor
residential uses. The proposed mixed -use structure incorporates characteristics
consistent with the historic structures in downtown such as pedestrian oriented
storefronts, and distinction between lower and upper floors. The architecture adopts a
Mediterranean theme by including a stone facade on the first floor, arched storefront
mullions, decorative stone cornices, and window treatments above the second and third
floor windows. Furthermore, the proposed development will be constructed at reduced
setbacks that will place the storefront closer to the public sidewalk to encourage a
pedestrian oriented design that provides window-shopping and an intimate downtown
atmosphere. In addition, the building storefront wraps around to the east elevation along
Seventh Street to extend the pedestrian activities.
C. Coastal Element
Policy C 1.1.4: Where feasible, locate visitor -serving commercial uses in existing
developed areas or at selected points of attraction for visitors.
Goal C 3: Provide a variety of recreational and visitor -serving commercial uses for a
range of cost and market preferences
Policy C 3.2.3: Encourage the provision of a variety of visitor -serving commercial
establishments within the Coastal Zone, including, but not limited to, shops, restaurants,
hotels and motels, and day spas.
Policy C 3.4.2: Enhance the Municipal Pier and surrounding area to function as the
"hubs" of tourist and community activity.
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The development consists of a mixed -use project, which includes retail ground floor units
for visitor -serving commercial establishments. Public services and infrastructure are
currently available to the project site, as well as the surrounding parcels. Additionally,
the proposed project would develop visitor -serving commercial uses at the periphery of
the City's downtown core area, which has been targeted for redevelopment as a
destination location. Portions of the downtown core have already been established. The
proposed project provides for a transition between the downtown core and surrounding
residential areas which would help further establish the area. The project site is also
located near other established points of attraction, including the Huntington Beach
Municipal Pier, and is intended to reinforce the vicinity as a major visitor -serving district.
FINDINGS FOR APPROVAL — SPECIAL PERMITS NO. 08-002:
1. The granting of Special Permits pursuant to Section 4.1.02 of the Downtown Specific Plan in
conjunction with Conditional Use Permit No. 08-011 for the following:
a. An 11 ft. to 18 ft. front yard setback along Pacific Coast Highway in lieu of the minimum
required 25 ft. landscaped setback (7 to 14 ft. reduction); and
b. A six foot upper story setback along the Pacific Coast Highway frontage in lieu of a
minimum average of 10 ft. upper story setback (4 ft. reduction); and
c. An eight ft. to 10 ft. exterior (street) side yard setback along Seventh Street in lieu of the
minimum required 15 ft. landscaped setback (5 to 7 ft. reduction); and
d. A 0 ft. foot upper story setback along the Seventh Street frontage in lieu of a minimum
average of 10 ft. upper story setback (10 ft. reduction); and
e. A five ft. interior side yard setback in lieu of the minimum required seven ft. side yard
setback (2 ft. reduction); and
f. A slope of 15% in lieu of the maximum allowed slope of 10% for parking garage transition
ramps (5% increase); and
g. A 500 sq. ft. common open space area in lieu of the minimum required 2,163 sq. ft. of
common open space pursuant to Section 4.2.11(a), Common Open Space, of the DTSP.
These Special Permits result in a greater benefit from the project and will promote a better
living environment because the design of the project provides a consistent development
pattern along Pacific Coast Highway (PCH), and promotes the pedestrian scale envisioned
by the "Village Concept" of the Downtown Specific Plan (DTSP), and provides three times
the required private open space for the residential units. Furthermore, the development is
energy efficient and consists of recycled/reclaimed materials. The project is conditioned to
obtain Silver Certification from the U.S. Green Building Council. In addition, the project
provides an architectural style that provides a distinctive break between the lower floor and
the two upper floors by the use of a reduced upper story setbacks, the provision of varied
roofline treatments, the use of quality colors and materials and including building heights
and a tower that is compatible with the surroundings and provides a focal element
encouraged by the Design Guidelines. Finally, the project will not diminish any existing
coastal views for the pedestrian at the street level. The incorporation of the special permits
into the project benefits the overall design and therefore provides a better living environment
for the resident, tenant, customer, and visitor to the downtown core.
2. The granting of Special Permits will provide better land planning techniques with maximum
use of aesthetically pleasing types of architecture, site layout and design due to the use of
appropriate site planning by placing buildings in a relationship to the street and pedestrian,
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the use of Mediterranean architecture, the incorporation of compatible upper story setbacks,
the use of code compliant building heights, and the provision of a tower as a focal element.
3. The granting of Special Permits will not be detrimental to the general health, welfare, safety,
and convenience of the neighborhood or City in general, nor detrimental or injurious to the
value of property or improvements of the neighborhood or of the City in general. The project
has been evaluated for compatibility with the surrounding neighborhood and with the
conditions of approval imposed, the project will be designed to address the transition and
scale of adjacent properties, will be designed on a pedestrian scale and character, will
provide the required parking to serve the uses on site, and will meet the goals and policies
of the General Plan.
4. The granting of Special Permits will be consistent with objectives of the Downtown Specific
Plan in achieving a development adapted to the terrain and compatible with the surrounding
environment. The proposed project is physically suitable for the site, it consolidates multiple
parcels for an adequate mixed -use development site, provides parking consistent with the
Huntington Beach Zoning and Subdivision Ordinance, is consistent with the type and
intensities of proposed uses, complies with the Downtown Specific Plan, and is consistent
with the Downtown Design Guidelines.
5. The granting of Special Permits will be consistent with the policies of the Coastal Element of
the City's General Plan and the California Coastal Act. The project is consistent with the
following Coastal Element goals, objectives, and policies:
Policy C 1.1.4: Where feasible, locate visitor -serving commercial uses in existing developed
areas or at selected points of attraction for visitors.
Goal C 3: Provide a variety of recreational and visitor -serving commercial uses for a range
of cost and market preferences
Policy C 3.2.3: Encourage the provision of a variety of visitor -serving commercial
establishments within the Coastal Zone, including, but not limited to, shops, restaurants,
hotels and motels, and day spas.
Policy C 3.4.2: Enhance the Municipal Pier and surrounding area to function as the "hubs"
of tourist and community activity.
The development consists of a mixed -use project, which includes retail ground floor units for
visitor -serving commercial establishments. Public services and infrastructure are currently
available to the project site, as well as the surrounding parcels. Additionally, the proposed
project would develop visitor -serving commercial uses at the periphery of the City's
downtown core area, which has been targeted for redevelopment as a destination location.
Portions of the downtown core have already been established. The proposed project
provides for a transition between the downtown core and surrounding residential areas
which would help further establish the area. The project site is also located near other
established points of attraction, including the Huntington Beach Municipal Pier, and is
intended to reinforce the vicinity as a major visitor -serving district.
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MITIGATION MEASURES FOR ENVIRONMENTAL CONCERNS:
The grading plan prepared for the new proposed project shall contain the recommendations
included in the Geotechnical Engineering Report for the site prepared by Soil Pacific, Inc.,
dated July 2004 and updated July 2008. These recommendations shall be implemented in
the design of the project and include measures associated with site preparation, fill
placement and compaction, dewatering, seismic design features, excavation and shoring
requirements, foundation design, concrete slabs and pavement, cement type, surface
drainage, trench backfill, and geotechnical observation.
2. The developer shall consult with DOGGR to determine if plug or re -plug of existing
abandoned oil wells is necessary. Prior to the issuance of grading permits, the developer
shall submit evidence of consultation with DOGGR indicating wells have been plugged or
abandoned to current DOGGR standards.
3. In the event that abandoned oil wells are damaged during construction, construction
activities shall cease in the immediate vicinity immediately. Remedial plugging operations
would be required to re -plug the affected wells to current Department of Conservation
specifications. Depending on the nature of soil contamination, if any, appropriate agencies
shall be notified (e.g. City of Huntington Beach Fire Department). The developer shall
ensure proper implementation for the re -abandonment operation in compliance with all
applicable laws and regulations.
CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT 08-005/ CONDITIONAL USE
PERMIT NO. 08-011 WITH SPECIAL PERMIT NO. 08-002:
1. The site plan, floor plans, and elevations received and dated October 7, 2008, shall be the
conceptually approved design with the following modifications:
a. The parking requirement tabulation on the cover sheet (Sheet T-1) shall be revised
to reflect accurate parking requirements and number of units.
b. An architectural reveal shall be provided between the edge of the staircase
enclosure and the balconies along the Seventh St. frontage from the first floor to the
fourth floor. (DRB)
c. Landscaping shall be provided along the Seventh Street frontage. (DRB)
d. A minimum drive aisle width of 26 feet shall be maintained within the subterranean
parking structure.
e. Parking spaces adjacent to a wall over twelve inches in height shall be increased in
width by three feet.
f. The parking spaces adjacent to the alley shall be setback one ft. from the property
line to provide a total turn around space of 25 ft. as measured from the opposite side
of the alley to the parking stall.
g. The overall building footprint shall be decreased by approximately 165 sq. ft. and
comply with the maximum 50% lot coverage.
h. The trash enclosures shall be provided with a 3 ft. rear yard setback.
i. The awning along the Seventh Street frontage shall be removed.
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2. At least 14 days prior to any grading activity, the applicant/developer shall provide notice in
writing to property owners of record and tenants of properties within a 500-foot radius of the
project site as noticed for the public hearing. The notice shall include a general description
of planned grading activities and an estimated timeline for commencement and completion
of work and a contact person name with phone number. Prior to issuance of the grading
permit, a copy of the notice and list of recipients shall be submitted to the Planning
Department.
3. Prior to submittal for building permits, the following shall be completed:
a. An Affordable Housing Agreement shall be submitted for review by the City of
Huntington Beach Redevelopment Agency and Planning Department. The
Agreement shall provide for a minimum of 15 percent of the affordable housing
requirement as required by State redevelopment law. The affordable housing
agreement shall be approved by the City of Huntington Beach City Council prior to
issuance of Building Permits.
b. The project shall be registered with the U.S. Green Building Council (USGBC) for
purposes of obtaining Silver Certification. A project checklist shall be submitted to
the USGBC listing the project characteristics proposed to meet the minimum
qualifications for obtaining Silver Certification. A copy of the completed checklist and
evidence of project registration and submittal of the checklist with the USGBC shall
be submitted to the Planning Department.
4. Prior to issuance of building permits, the following shall be completed:
a. A public art element shall be integrated and be in a publicly accessible place within
the proposed project. Public art shall include art of:
■ Artistic excellence and innovation,
■ Appropriate to the design of the project,
■ Reflective of the community's cultural identity, (ecology, history, society).
The public art element shall be reviewed and approved by the Design Review Board,
the Planning Department, and the Cultural Services Division Manager prior to
issuance of a building permit for the project. The public art shall be in place at the
subject site prior to final inspection.
b. A planned sign program for all signage shall be submitted to the Planning
Department. Said program shall be reviewed and approved by the Design Review
Board prior to the issuance of the first sign permit.
5. Within Six months of occupancy of the structure, evidence that Silver Certification has been
obtain from the USGBC shall be provided to the Planning Department.
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December 9, 2008
Page 13
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different
from the property owner, and each of their heirs, successors and assigns, shall defend,
indemnify and hold harmless the City of Huntington Beach and its agents, officers, and
employees from any claim, action or proceedings, liability cost, including attorney's fees and
costs against the City or its agents, officers or employees, to attack, set aside, void or annul any
approval of the City, including but not limited to any approval granted by the City Council,
Planning Commission, or Design Review Board concerning this project. The City shall promptly
notify the applicant of any claim, action or proceeding and should cooperate fully in the defense
thereof.
B-2. ZONING TEXT AMENDMENT NO. 08-003 (AMENDING CHAPTER 233 SIGNS)
Applicant: City Initiated. Request: Update Section 233.08 to provide
clarification regarding types of and permitted placement of temporary signs;
create consistency throughout Chapter 233 by revising various sections of the
code for consistency with the General Plan, and increase the allowable square
footage of Menu Boards. Location: Citywide. Project Planner: Rosemary
Medel
STAFF RECOMMENDATION: Motion to: "Approve Zoning Text Amendment No.
08-003 with findings (Attachment No.1) and forward the draft ordinance
(Attachment No. 2) to the City Council for adoption"
Commissioner Scandura recused himself due to a possible conflict of interest.
Rosemary Medel, Associate Planner, gave the staff presentation and an overview of the
project.
Commissioner Speaker asked if the Zoning Text Amendment proposed any changes to
freeway signs and Planning Manager Herb Fauland said no. Speaker also asked about
the potential impact to Auto Dealers and Fauland noted that this is addressed in Staff
Report attachment 3.21, items G.1 and G.2.
Commissioner Farley asked about the impact on residential signs and staff noted that
this is addressed in Staff Report attachment 3.15, section 233.10.
Commissioner Shaw asked if human signs would be permitted and staff noted that this is
addressed in Staff Report attachment 3.15, section 233.10.
THE PUBLIC HEARING WAS OPENED.
WITH NO ONE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED.
Chair Livengood recommended having a 65 day limit on the posting of political signs
(instead of the current 75 day limit), referencing staff report attachment 2.11.
Commissioner Farley noted that Electronic Readerboard signs referenced in staff report
attachments 3.16 and 3.18 (sections 233.12 and 233.14) do not come before the Design
Review Board. He recommended that Design Review Board approval be added to
section 233.14.
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Commissioner Shaw recommended that staff report attachment 2.14 (section 233.10) be
amended to allow human signs.
A MOTION WAS MADE BY SPEAKER, SECONDED BY SHIER BURNETT, TO
APPROVE ZONING TEXT AMENDMENT NO. 08-003 WITH FINDINGS AND
MODIFICATIONS AND FORWARD THE DRAFT ORDINANCE TO THE CITY
COUNCIL FOR APPROVAL, BY THE FOLLOWING VOTE:
AYES: Farley, Shier Burnett, Livengood, Shaw, Speaker
NOES: None
ABSENT: None
ABSTAIN: Scandura
MOTION APPROVED
FINDINGS FOR APPROVAL
ZONING TEXT AMENDMENT NO. 08-003
FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 08-003:
1. Zoning Text Amendment No. 08-003 amends Chapter 233 Signs to provide internal
consistency throughout the ordinance and ensure that the regulations are content neutral.
The amendment controls the proliferation of commercial signs for aesthetics and traffic
safety reasons and modifies the allowable square footage for menu boards in a manner
consistent with the goals, policies and objectives specified in the General Plan.
2. In the case of the general land use provisions, the amendments proposed are compatible
with the uses authorized in, and the standards prescribed for, the Zoning districts for which
they are proposed. The amendment to Chapter 233 Signs affects the sign regulations for
various zoning districts, including residential and commercial. The changes do not affect
zoning of any property by altering allowed land use or the development standards thereof.
Therefore, the changes do not affect the compatibility of uses allowed and established by
the General Plan and Zoning designations.
3. A community need is demonstrated for the proposed amendment to ensure a sign code that
protects the City's goals for enhancing the visual image of the city. The request to increase
the allowable square footage of menu boards from ten (10) square feet to 32 square feet is
in response to the need of commercial drive-thru businesses for menu boards that can
accommodate the visual needs of their customers.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning
practice because the General Plan, Urban Design Element goals, objectives and policies
indicate the desire to protect the aesthetic appearance of the City and reduce a weak visual
image. The adoption of this amended ordinance will ensure the development of elements
that create continuity in signage and create distinctive districts through a common design
theme and a coherent citywide image.
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RECOMMENDED MODIFICATIONS
ZONING TEXT AMENDMENT NO. 08-003
RECOMMENDED MODIFICATIONS - ZONING TEXT AMENDMENT NO. 08-003:
1. To reduce the allowable time prior to an election for the display of political signs from 75 to 65
days.
2. To delete Human Signs from Section 233.10, Prohibited Signs.
3. To require Design Review for multiple users be added to Electronic Readerboards and
Section 233.14 Readerboards.
C. CONSENT CALENDAR
C-1. PLANNING COMMISSION MINUTES DATED AUGUST 12, 2008
RECOMMENDED ACTION: Motion to "Approve the August 12, 2008, Planning
Commission Minutes as submitted."
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO
APPROVE THE AUGUST 12, 2008 PLANNING COMMISSION MINUTES AS
SUBMITTED, BY THE FOLLOWING VOTE:
AYES: Shier Burnett, Livengood, Shaw, Scandura
NOES: None
ABSENT: Speaker
ABSTAIN: Farley
MOTION APPROVED
C-2. PLANNING COMMISSION MINUTES DATED AUGUST 26, 2008
RECOMMENDED ACTION: Motion to "Approve the August 26, 2008, Planning
Commission Minutes as submitted."
A MOTION WAS MADE BY SCANDURA, SECONDED BY LIVENGOOD, TO
APPROVE THE AUGUST 26, 2008 PLANNING COMMISSION MINUTES AS
SUBMITTED, BY THE FOLLOWING VOTE:
AYES:
Farley, Shier Burnett, Livengood, Shaw, Scandura
NOES:
None
ABSENT:
Speaker
ABSTAIN:
None
MOTION APPROVED
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D. NON-PUBLIC HEARING ITEMS
D-1. NEIGHBORHOOD COMPATIBILITY SUB -COMMITTEE RECOMMENDATIONS
— Commissioner Scandura
RECOMMENDED ACTION: Motion to approve the following Minute Action to the
City Council: "Direct staff to prepare the necessary amendments to the
Huntington Beach Zoning and Subdivision Ordinance and Design Guidelines to
incorporate the recommendations by the Planning Commission Neighborhood
Compatibility Sub -Committee."
Commissioner Scandura gave a presentation of the Sub -Committee work and
outlined the recommendations.
Commissioner Shaw thanked Scandura for his efforts on the Sub -Committee.
Vice Chair Shier Burnett thanked Commissioners Scandura and Shaw for their
work on the Sub -Committee.
A MOTION WAS MADE BY SCANDURA, SECONDED BY SHAW, TO DIRECT
STAFF TO PREPARE THE NECESSARY AMENDMENTS TO THE
HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE AND
DESIGN GUIDELINES TO INCORPORATE THE RECOMMENDATIONS BY
THE PLANNING COMMISSION NEIGHBORHOOD COMPATIBILITY SUB-
COMMITTEE, BY THE FOLLOWING VOTE:
AYES: Shier Burnett, Livengood, Shaw, Scandura
NOES: Farley
ABSENT: Speaker
ABSTAIN: None
MOTION APPROVED
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
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F. PLANNING COMMISSION ITEMS
F-1. PLANNING COMMISSION REQUEST ITEMS — NONE
F-2. PLANNING COMMISSION COMMENTS
Commissioner Scandura congratulated Chair Livengood for his outstanding
leadership as Chairman. He announced that his father had recently passed
away and asked that tonight's meeting be dedicated to his memory.
Vice Chair Shier Burnett offered her condolences to Commissioner Scandura.
Shier Burnett also congratulated ex -Commissioner Devin Dwyer on his election
to the City Council. She also thanked Commissioner Shaw for his service to the
Planning Commission. She mentioned that the Mayor's Award was recently
presented to Chris McDonald, honoring his volunteer service to the City of
Huntington Beach.
Chair Livengood thanked the Planning Commission and staff for all their efforts in
2008 and offered his condolences to Commissioner Scandura.
Commissioner Shaw offered his condolences to Commissioner Scandura and
thanked him for the excellent job he did on the Planning Commission
Neighborhood Compatibility Sub -Committee.
ADJOURNMENT: Adjourned at 8:26 PM to the holiday celebration at Baci Restaurant at
18748 Beach Blvd. on December 11, 2008 at 6:00 PM and then adjourn to the next
regularly scheduled meeting of Tuesday, January 13, 2009.
NOTE: The City of Huntington Beach Planning Commission Meeting of December 23
2008 has been CANCELLED.
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