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Planning Commission

Regular Meeting

Huntington Beach, CA · August 14, 2018

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Minutes

Planning Commission City of Huntington Beach Tuesday, August 14, 2018 2000 Main Street CANCELLED Huntington Beach, CA 92648 7:00 PM - Regular Meeting Council Chambers MINUTES - Final STUDY SESSION- CANCELLED 7:00 PM - COUNCIL CHAMBERS CALL PLANNING COMMISSION MEETING TO ORDER PLEDGE OF ALLEGIANCE - Led by Commissioner Ray ROLL CALL: Crowe, Ray, Garcia, Scandura, Kalmick, Mandic, Grant AGENDA APPROVAL A motion was madeby Kalmick, seconded by Grant, to approve the August 14, 2018, Planning Commission Agenda. The motion carried by the following vote: Ayes: Scandura, Garcia, Crowe, Ray, Kalmick, Mandic, and Grant Noes: NONE Absent: NONE PUBLIC COMMENTS Anyone wishing to speak during PUBLIC COMMENTS must fill out and submit a form to speak. The Planning Commission can take no action on this date, unless the item is agendized. Anyone wishing to speak on items not on tonight’s agenda, a closed public hearing item, or on non-public hearing items may do so during PUBLIC COMMENTS. Please note comments on closed public hearing items will not be part of the permanent entitlement record. Speakers on items scheduled for PUBLIC HEARING will be invited to speak during the public hearing. (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) PUBLIC HEARING ITEMS TENTATIVE PARCEL MAP NO. 17-173 AND CONDITIONAL USE PERMIT NO. 18-002 (THE LEARNING EXPERIENCE): To approve proposed consolidation of six parcels into one approximately 76, 340 sq. ft. parcel, allow payment of a fee in-lieu of undergrounding existing overhead utilities, the construction of an approximately 9,997 sq. ft. single-story building to accommodate a civic and cultural use (day care facility) with a reduced front yard setback of 4.33 ft. in lieu of Page 1 of 8 Planning Commission MINUTES - Final August 14, 2018 a minimum of 10 ft., and to find the project categorically exempt from CEQA. AR- voting no due to the setbacks. DK- there is a forced easement on property that limits the ability to develop. DK- would prefer undergrounding but the in lieu fee process is in the code and cannot create findings to deny CM- great project. needed in area. undergrounding bothers me and thinks area is often overlooked. now or never. AR- request two sep motions with parcel map CM- how does graffiti impact the vinyl wall? Jeannie Cave- usually washes off, but can be repainted if necessary. After hour events usually only 20 parents. Do not have large after hours events. PG- if we set $200k to underground utilities. DDebow- applicant's request. Implied it would interfere with timeline/opening of the project. James Kawamura, traffic engineer, the issue is not the cost, but that Edison indicated that it would be at least 2 years before the work could be done. Edison handles the undergrounding work. DK- currently cell phone towers on the roof. will those be replaced? Joe Coleman, Decron, no, those will be relocated. DK- parcel map combine? JB- Decron owns most of the block and longterm goal is to combine? (check dvd) Jeannie Cave- 33 parking spaces more than sufficient. DK- affordability? Who do you envision as student and is there an affordability threshold. JC- people in demographic area. Do not have threshold for low income. JS- asked questions re: Common Ground. JJ- city not involved in leases. JS- who can common ground contact? JJ- OBD. Planning staff can provide zoning info. CM- undergrounding have to be done at time of construction. DD- conditions of approval typically satisfied by cert of occup. DK- why doesn't staff? DD- code allows for in lieu fee. PW staff did not object. But up to PC's purview. DK- could impact access to the property? DD- correct ULR- the code allows for in lieu fee. Once a cof o issued, we lose leverage and a bond may not guarantee undergrounding. Joe Coleman, Decron, will donate 2500 dollars towards Common Ground. Page 2 of 8 Planning Commission MINUTES - Final August 14, 2018 Jeannie Cave, The Learning Experience, spoke in support of the item and made herself available for any questions. Joe Coleman, Decron Properties, excited about project and think it will be successful. Eli Hakimiam - current occupant of the site- Common Ground- was called to speak. Spoke about experience in the community, and asked for assistance in finding a place to relocate to continue serving the community. Jeff was called to speak Matt Johnson, Common Ground, spoke regarding the volunteer program operating out of the site. Gave an overview of the program and its impacts to the community. Jacob Piering, Common Ground, spoke regarding this community project. Jair Vargas was called to speak, resident of Oakview. really appreciate Common Ground. Seen a lot of positive impacts of the program to the community. Spoke about how a similar program improved his own life. There is a great need for this program in the Oakview community. Rosemary Medel, applicant, review and in agreement with conditions. Thank staff for their work. Jessica Bui gave the staff presentation for the proposed project. Kalmick- setback details? JB- reviewed proposed setback in detail. Ray- would like information in the future re: the undergrounding fund. Debow- reviewed in lieu fee process. Mandic- what triggers undergrounding fund being used? Debow- there is a committee that determines the project. Mandic- fund not very large because most applicants do the undergrounding instead of paying the in lieu fee. Lengthy discussion regarding the undergrounding fee process. Mandic- height of existing building? JB- do not have info Mandic- how many trees? JB- when project goes into plancheck, a landscape plan goes in for review for code compliance. Garcia- front yard setback? JB- 15 ft on Beach, 4.4 on cypress Scandura- circulation plan will the ingress/egress cause issues? Darren - stop at exit, specific signage required. Queueing analysis. Not a high traffic volume project. Page 3 of 8 Planning Commission MINUTES - Final August 14, 2018 Grant- this project will join with adjacent lot? to create free flown of traffic? JB- fence encloses entire playground area. Mandic- impacts to rest of neighborhood if undergrounding required? Debow- not a PW comment, but the position of the applicant. construction impacts. Mandic- activities beyond regular hours for special events. Do we keep a calendar or an approval system for that? JB- no. MG- site CM- site DK- site, occupant PG site AR site BC none JS site, staff Motion by Kalmick, seconded by Ray, to A) "Find the proposed project categorically exempt from the California Environmental Quality Act (CEQ) pursuant to Section 15303, Class 3 - New Construction or Conversion of Small Structures because the project is located in an urbanized area and involves the construction of a commercial building less than 10,000 sq. ft. in floor area (Attachment No.1);" and . The motion carried by the following vote: Ayes: Scandura, Garcia, Crowe, Ray, Kalmick, Mandic, and Grant Noes: NONE Absent: NONE TENTATIVE PARCEL MAP NO. 18-006/COASTAL DEVELOPMENT PERMIT NO. 18 010/VARIANCE NO. 18-004 (HUNTINGTON STREET SFDS): To approve a request to 1) subdivide a 5,832 sq. ft. lot into two 2,916 sq. ft. parcels to allow for the development of two single family dwellings for a property located within the Coastal Zone; 2) to permit a front entry garage with a reduced setback of five ft. in-lieu of a required setback of 20 ft.; 3) to permit the building height of 30 ft. within the rear 25 ft. setback area in-lieu of the maximum allowed height of 25 ft.; and 4) to find the proposed project categorically exempt from CEQA. MG- on frankfurt, is curb red to existing driveway? Darren Smith- red from intersection PG- how much area is over 25ft JC- encroaching 11 1/2 feet into rear yard setback. PG- require PC approval to subdivide. JC- no. typically done by ZA. but the garage deviation is great enough to require PC. JS- five foot driveway? so are people allowed to park in that short a driveway and impact the sidewalk access. JC- min parking req is 2 enclosed spaces. DS- muni code and CA vehicle code. JS- garage convert to storage? JC- supposed to be used for parking, code req specific parking, so CE can enforce. Page 4 of 8 Planning Commission MINUTES - Final August 14, 2018 JS- process for sober living home? JC- use classification for sober living permitted by right for 6 or fewer people. JS- elevator shaft encroachment into setback area- taller than roof? JC- same hght as third story roof. JS- loss of street parking in coastal zone? JJ- could be possibilities to replace on street parking. But PC could continue and ask staff to review street parking JS- in lieu fees? JJ- not applicable in this area. DK- concerned with loss of parking. analyze accessory dwelling unit for site? JC- if developed a single family dwelling it would not require any entitlements. Discussion of potential requirements for accessory dwelling units. CM- what design guidelines do we have? is it within our purview to ask the architect to change architecture? JJ- reviewed options. ULR- neighborhood compatability is usually mass and scale, not architecture. CM- parking spaces JS- no conditions requiring applicant to find alternate parking within walkng distance. ULR- request PC continue to next meeting. would like to sit down with staff on this item. JS- what do we want staff to look at? offstreet parking, DK- ready to vote for denial Thom Jacobs, designer/applicant. lives in downtown HB. spoke in support. quality design and aesthetics. strive to be good neighbors and design with community in mind. Luanne Shoup, resident, no one has spoken to me or my husband. have issues: five foot setback- parking in driveway will block sidewalk and impact residents, parking impacts with removal of spaces, concerned with parking impacts if garage is not used. concerned with impacts of subdividing lot. concerned with potential for sober living facility at this site. no guarantee that wont happen. Michael Shoup, resident, concerned with parking impacts. don't support subdivision or variance. could impact developments along the neighborhood. Geoff Carter, resident, concerned with parking impacts, aesthetic impacts to adjacent residents, shadowing, two dwellings is too much. Paula Carter, resident, appreciate the property will be improved, but concerned with impacts to residents. concerned with height of building, privacy impacts, aesthetic impacts, shadowing, noise impacts. Johnnie Ham, resident, all adjacent houses are single story bungalows so the three story buildings are impacts. block views and lights. parking impacts. safety impacts with traffic impacts. already impacted due to pacific city. height and setbacks will impact the drive Page 5 of 8 Planning Commission MINUTES - Final August 14, 2018 sight views. not a double lot. knew exactly what they were buying and then requesting variances. if this were proposed on Main St would this even be allowed. Michael Nicastro, resident, thanked commissioners for their work. All neighbors are in opposition. Not a minor variance. reduce parking and increase need for parking. trying to fit too much on too little. they bought this property knowing it's not a double lot. should have spoken with neighbors. do not want this here. no parking at this site already. Albert Heptig, resident, will not be beneficial to neighborhood. small lot. can't understand why this would be approved. too small a lot. Tony Sellas, resident, coastal parking is a big issue. parking impacts, reduction in public parking spaces, MG- site, neighbor CM none DK site PG site neighbors AR site, nighbor BC none JS site, staff Joanna Cortez, Associate Planner, gave a presentation on the proposed project. DK- findings for subdivision? JC and JJ review. DK- front access from Huntington St. Not currently a driveway and so removing street parking? JJ- not a designated striped parking stall. Will be parking provided on driveway. MG- has applicant reached out to any neighbors? consideration for window alignment and shadowing models? JC- complied with infill requirements but no shadowing models have been completed. will let applicant speak on any reach out to neighbors. PG- elevators and stairways didn't have to be within the req height. JC- typically allowed but the code here is very specific on what is not allowed to exceed the building height. Motion by Mandic, seconded by Crowe, to Continue project to 9/11/18 with public hearing open . The motion carried by the following vote: Ayes: Scandura, Garcia, Crowe, Ray, Kalmick, Mandic, and Grant Noes: NONE Absent: NONE CONDITIONAL USE PERMIT NO. 17-026/ VARIANCE NO. 18-005 (G & M OIL): To continue a request for 1) construction of a 4,412 sq. ft. service station, a 2,168 sq. ft. retail building, and other on-site improvements; 2) establish off-sale beer and wine sales (ABC License Type 20) within a proposed retail building; 3) a retail building at a reduced Page 6 of 8 Planning Commission MINUTES - Final August 14, 2018 setback of eight ft. in-lieu of the required minimum 15 ft. setback; 4) a metal awning at a reduced setback of seven ft. in-lieu of the required minimum nine ft. setback; 5) landscape planter areas with a reduced width of five ft. and eight ft. in-lieu of the required minimum 15 ft. width; and 6) find the proposed project categorically exempt from CEQA. JC reported that staff is requesting a continuance. Motion by Grant, seconded by Kalmick, to A) "Continue Conditional Use Permit No. 17-026 and Variance No. 18-005 to the September 11, 2018 Planning Commission meeting at staff's request.". The motion carried by the following vote: Ayes: Scandura, Garcia, Crowe, Ray, Kalmick, Mandic, and Grant Noes: NONE Absent: NONE CONSENT CALENDAR - NONE NON-PUBLIC HEARING ITEMS - NONE PLANNING ITEMS Ursula Luna-Reynosa reported on the previous and upcoming City Council meetings. Jane James reported on the upcoming Planning Commission meeting. ANNOUNCEMENT OF CORRECTED MINUTES FOR THE APRIL 14, 2015, PLANNING COMMISSION MEETING. PLANNING COMMISSION ITEMS Vice-Chair Garcia reported on the recent Design Review Board meeting. Commissioner Grant reported that there had been no recent Subdivision Committee meeting. Commissioner Kalmick thanked staff for correcting the April 14, 2015, Planning Commission meeting minutes. Chair Scandura reported on the recent Southeast Area Committee meeting. ADJOURNMENT Adjourned at 9:30 PM to the next regularly scheduled meeting of the Huntington Beach Planning Commission, Tuesday, August 28, 2018. Rollcall Page 7 of 8 Planning Commission MINUTES - Final August 14, 2018 Present Chairperson Scandura, Chairperson Garcia, Commissioner Crowe, Commissioner Ray, Commissioner Kalmick, Commissioner Mandic, and Vice Chair Grant Absent TENTATIVE PARCEL MAP NO. 17-173 AND CONDITIONAL USE PERMIT NO. 18-002 (THE LEARNING EXPERIENCE): To approve proposed consolidation of six parcels into one approximately 76, 340 sq. ft. parcel, allow payment of a fee in-lieu of undergrounding existing overhead utilities, the construction of an approximately 9,997 sq. ft. single-story building to accommodate a civic and cultural use (day care facility) with a reduced front yard setback of 4.33 ft. in lieu of a minimum of 10 ft., and to find the project categorically exempt from CEQA. Motion by Grant, seconded by Scandura, to Approve Tentative Parcel Map No. 17-173 with suggested findings and conditions of approval. The motion carried by the following vote: Ayes: Scandura, Garcia, Crowe, Ray, Kalmick, and Grant Noes: Mandic Absent: NONE Motion by Grant, seconded by Scandura, to Conditional Use Permit No. 18-002 with suggested findings and conditions of approval with an added condition for a stop sign.. The motion carried by the following vote: Ayes: Scandura, Garcia, Crowe, Kalmick, Mandic, and Grant Noes: Ray Absent: NONE Page 8 of 8

Agenda

AGENDA - Final PLANNING COMMISSION Tuesday, August 14, 2018 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Study Session - CANCELLED Regular Meeting - 7:00 PM PLANNING COMMISSION Chair John Scandura Vice Chair Pat Garcia Commissioner Bill Crowe Commissioner Alan Ray Commissioner Dan Kalmick Commissioner Connie Mandic Commissioner Michael Grant STAFF Ursula Luna-Reynosa, Director of Community Development Jane James, Planning Manager Mike Vigliotta, Chief Assistant City Attorney Kim De Coite, Administrative Assistant MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk’s Office at (714) 536-5227 for more information, or request assistance from the staff or Sergeant-at-Arms at the meeting. PUBLIC COMMENTS: To address the legislative body on items of interest not scheduled for public hearing, Request to Speak forms will be made available at the meeting and are collected by the staff or Sergeant at Arms. Some legislative bodies may provide different Request to Speak forms for public hearing items. AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: City Council and Planning Commission meetings are televised live on HBTV-3 Channel 3, and can be viewed via live or archived website at https://huntingtonbeach.legistar.com. Planning Commission AGENDA - Final August 14, 2018 STUDY SESSION- CANCELLED 7:00 PM - COUNCIL CHAMBERS CALL PLANNING COMMISSION MEETING TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL: Crowe, Ray, Garcia, Scandura, Kalmick, Mandic, Grant AGENDA APPROVAL PUBLIC COMMENTS Anyone wishing to speak during PUBLIC COMMENTS must fill out and submit a form to speak. The Planning Commission can take no action on this date, unless the item is agendized. Anyone wishing to speak on items not on tonight’s agenda, a closed public hearing item, or on non-public hearing items may do so during PUBLIC COMMENTS. Please note comments on closed public hearing items will not be part of the permanent entitlement record. Speakers on items scheduled for PUBLIC HEARING will be invited to speak during the public hearing. (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) PUBLIC HEARING ITEMS 18-218 TENTATIVE PARCEL MAP NO. 17-173 AND CONDITIONAL USE PERMIT NO. 18-002 (THE LEARNING EXPERIENCE): To approve proposed consolidation of six parcels into one approximately 76, 340 sq. ft. parcel, allow payment of a fee in-lieu of undergrounding existing overhead utilities, the construction of an approximately 9,997 sq. ft. single-story building to accommodate a civic and cultural use (day care facility) with a reduced front yard setback of 4.33 ft. in lieu of a minimum of 10 ft., and to find the project categorically exempt from CEQA. Recommended Action: A) “Find the proposed project categorically exempt from the California Environmental Quality Act (CEQ) pursuant to Section 15303, Class 3 - New Construction or Conversion of Small Structures because the project is located in an urbanized area and involves the construction of a commercial building less than 10,000 sq. ft. in floor area (Attachment No.1);” and B) “Approve Tentative Parcel Map No. 17-173 and Conditional Use Permit No. 18-002 with suggested findings and conditions of approval (Attachment No. 1).” Page 1 of 6 Planning Commission AGENDA - Final August 14, 2018 18-221 TENTATIVE PARCEL MAP NO. 18-006/COASTAL DEVELOPMENT PERMIT NO. 18 010/VARIANCE NO. 18-004 (HUNTINGTON STREET SFDS): To approve a request to 1) subdivide a 5,832 sq. ft. lot into two 2,916 sq. ft. parcels to allow for the development of two single family dwellings for a property located within the Coastal Zone; 2) to permit a front entry garage with a reduced setback of five ft. in-lieu of a required setback of 20 ft.; 3) to permit the building height of 30 ft. within the rear 25 ft. setback area in-lieu of the maximum allowed height of 25 ft.; and 4) to find the proposed project categorically exempt from CEQA. Recommended Action: A) “Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 - New Construction or Conversion of Small Structures, because the project is located within an urbanized area and involves the subdivision and construction of two single family dwellings (less than four structures) (Attachment No.1);” and B) “Approve Tentative Parcel Map No. 18-006, Coastal Development Permit No. 18-010, and Variance No. 18-004 with suggested findings and conditions of approval (Attachment No. 1).” 18-268 CONDITIONAL USE PERMIT NO. 17-026/ VARIANCE NO. 18-005 (G & M OIL): To continue a request for 1) construction of a 4,412 sq. ft. service station, a 2,168 sq. ft. retail building, and other on-site improvements; 2) establish off-sale beer and wine sales (ABC License Type 20) within a proposed retail building; 3) a retail building at a reduced setback of eight ft. in-lieu of the required minimum 15 ft. setback; 4) a metal awning at a reduced setback of seven ft. in-lieu of the required minimum nine ft. setback; 5) landscape planter areas with a reduced width of five ft. and eight ft. in-lieu of the required minimum 15 ft. width; and 6) find the proposed project categorically exempt from CEQA. Recommended Action: A) “Continue Conditional Use Permit No. 17-026 and Variance No. 18-005 to the September 11, 2018 Planning Commission meeting at staff’s request.” CONSENT CALENDAR - NONE NON-PUBLIC HEARING ITEMS - NONE PLANNING ITEMS Page 2 of 6 Planning Commission AGENDA - Final August 14, 2018 ANNOUNCEMENT OF CORRECTED MINUTES FOR THE APRIL 14, 2015, PLANNING COMMISSION MEETING. PLANNING COMMISSION ITEMS ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach Planning Commission is Tuesday, August 28, 2018, at 7:00 PM in Council Chambers, Civic Center, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO PLANNING COMMISSION AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO PLANNING COMMISSION MEETINGS AT http://www.huntingtonbeachca.gov Page 3 of 6 Planning Commission AGENDA - Final August 14, 2018 Public Hearing Procedures Page 4 of 6 Planning Commission AGENDA - Final August 14, 2018 This statement has been prepared to provide a better understanding of the procedures for public hearings before the Planning Commission. Regular meetings of the Planning Commission are held on the second and fourth Tuesdays of each month beginning at 5:15 p.m for a study session and then at 7:00 PM in the Council Chambers. Adjourned meetings, special meetings, and Study Sessions may be scheduled at other times. Planning Commission proceedings are governed by the Planning Commission By-Laws, Robert’s Rules of Order and the Brown Act. The following is the typical sequence of events on public hearing items: A. The Chairperson shall announce the item and if the public hearing is open or closed. B. The Planning Commission shall disclose any discussions, conversations, etc., with applicants, applicant’s representatives or property owners. C. The staff report is presented. D. Questions by the Planning Commission concerning the staff report may be answered at this time. E. The public hearing is opened by the Chairperson. F. The applicant or appellant is given an opportunity to address the Commission. Time is not limited but left to the Chairperson’s discretion. G. Public Comments: Staff will call all speakers by name. Please proceed to the podium. Individuals favoring and opposing the proposal are given an opportunity to address the Commission (up to four (4) minutes), or may choose to donate their time to another speaker if the “Request to Speak” form is filled out and given to the Secretary. A speaker who addresses the Commission on behalf of individuals who donate time are allowed a maximum of 12 minutes. Individuals who donate time must be present when the item is being discussed. Please state your name before addressing the Commission. H. The Commission may ask questions of speakers addressing the Commission. I. The public hearing is closed. J. The Commission will deliberate the matter at this time. K. The Commission then acts on the matter by continuing, approving, conditionally approving, or denying the petition. Page 5 of 6 Planning Commission AGENDA - Final August 14, 2018 The Planning Commission receives a staff report packet on the Tuesday preceding the meeting, allowing time to review each case and make further investigations in the field prior to the scheduled meeting. Staff reports are available in the Community Development Department, the Central Library and on the City’s website (www.surfcity-hb.org) anytime on Wednesday preceding the Tuesday Planning Commission meeting. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission is final unless an appeal is filed to the City Clerk by you or by an interested party. Said appeal must be accompanied by a filing fee of Two Thousand, Ninety-Eight Dollars ($2,098.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Five Hundred Fifty-Two Dollars ($3,552.00) if the appeal is filed by any other party. The appeal shall be submitted to the City Clerk within ten (10) calendar days of the date of the Planning Commission’s action. Page 6 of 6

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