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Planning Commission

Regular Meeting

Huntington Beach, CA · September 11, 2018

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Minutes

Planning Commission City of Huntington Beach Tuesday, September 11, 2018 2000 Main Street 5:15 PM Huntington Beach, CA 92648 7:00 PM - Regular Meeting Council Chambers MINUTES - Final 5:15 PM - STUDY SESSION, COUNCIL CHAMBERS CALL PLANNING COMMISSION STUDY SESSION TO ORDER ROLL CALL: Crowe, Ray, Garcia, Scandura, Kalmick, Mandic, Grant Present Chairperson Scandura, Chairperson Garcia, Commissioner Crowe, Commissioner Ray, Commissioner Kalmick, Commissioner Mandic, and Vice Chair Grant Absent AGENDA APPROVAL Motion by Grant, seconded by Kalmick, to AGENDA APPROVAL. The motion carried by the following vote: Ayes: Scandura, Garcia, Crowe, Ray, Kalmick, Mandic, and Grant Noes: NONE Absent: NONE PROJECT REVIEW (FUTURE AGENDA ITEMS) COASTAL DEVELOPMENT PERMIT NO. 16-016, CONDITIONAL USE PERMIT NO. 16-034 (ASCON FINAL REMEDIATION): To introduce the proposed final remedial action plan for the site with grading involving more than 25,000 cubic yards of import/export; a 6 ft. tall fence with 6.5 ft. tall pilasters within the 15 ft. front setback along Hamilton Ave. and Magnolia St.; and gated access at 21641 Magnolia St. Scandura recused self. Ricky Ramos, Senior Planner, gave a presentation and overview of the proposed project. Grant- life expectancy of the aluminum fence? RR- will provide MG- no sidewalk planned on Magnolia? RR- no street improvements required because there is no nexus. CM- how did we come up with 6 ft fence? Why not 8ft? Tamara Zeier- standard fence height. haven't seen a need for additional height Page 1 of 10 Planning Commission MINUTES - Final September 11, 2018 CM- if fence height change would we need to see another agency? RR- primarily our purview. CM- cannot come before 6am? RR- correct AR- fencing and slope- DRB reviews? RR- DRB did review fencing design and location and rec approval. RR- limitation that make it challenging. More dirt would need to remain on site. Service/access road would also be affected. MG- possible to look at camping situation on Hamilton? maybe no parking? RR- look into MG- buses for EHS are queuing there. CM- reimbursement for damage to our streets? RR- contemplating keeping the previous condition re: that CM- height of nearby fence (check dvd) RR- will look into CM- level of remediation? TZ- reviewed remediation analysis, etc. MG- abandoned wells? Successfully capped and abandoned. Disposition over time? More info in staff report please. This agenda item was staff reviewed; no action taken. CONDITIONAL USE PERMIT NO. 17-026 (G & M OIL): To introduce a request to construct a new service station; establish beer and wine sales; and allow reduced building setbacks at 16990 Beach Blvd. Scandura returned to the meeting. Joanna Cortez, Associate Planner, gave a presentation and overview of the proposed project. DK- this station won't have diesel? JC- will look into DK- when will right hand turn improvement happen? Darren Sam- current DK- will street be improved as part of this project? JC- yes DS-check dvd DK- why give up full alcohol license? DK- design guidelines, setback requirements JJ- cup process included into BECSP to allow for setback relief for single story buildings MG- building code req for restroom JS- diagrams used in ppt, put into staff report. sidewalk width before and after? JC- will meet 6 ft req for landscape and 6 ft sidewalk JS- liquor license? JC- exist type 21. can sell general alcohol sales. Proposing to eliminate that license and replace with only beer and wine. applicant proposed. Page 2 of 10 Planning Commission MINUTES - Final September 11, 2018 CM- tank life? diesel tank status? abc license approved with cup before? JC- liquor store established in the late 50s/60s and a cup was not required at this time. CM- access points removed? JC- check dvd CM- right hand turn lane, why not required now? DS- project wouldn't trigger need for right turn lane since the lane is operating at an acceptable level. This agenda item was staff reviewed; no action taken. STUDY SESSION ITEMS - NONE PUBLIC COMMENTS - Regarding Project Review and Study Session portions of Meeting Anyone wishing to speak on Project Review or Study Session items during PUBLIC COMMENTS may do so by filling out a Request to Speak form and giving it to the Secretary. (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Karl Huy, applicant, currently 8 pumps, going to 6. will retain diesel. Tanks will remain- only item to remain. everything else scrubbed. Cond of App replacement of curb and gutter and will comply. entire Beach Blvd frontage is a driveway. the new proposed driveway will be caltrans approved. Alcohol License currently unrestricted. Been working with PD. Property owner agreed to surrender. new will only allow beer and wine sales. Will look at occupancy codes re: restrooms. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) - Jane James, Planning Manager JJ - reviewed late comms for all hearings. suggested revision to condition of approval. JB will review at hearing. PLANNING COMMISSION COMMITTEE REPORTS None PLANNING COMMISSION COMMENTS None 6:30 PM - RECESS FOR DINNER 5:55 Meeting went into Recess Meeting Reconvened 7:00 PM - COUNCIL CHAMBERS CALL PLANNING COMMISSION MEETING TO ORDER PLEDGE OF ALLEGIANCE Page 3 of 10 Planning Commission MINUTES - Final September 11, 2018 BC ROLL CALL: Ray, Crowe, Garcia, Scandura, Mandic, Kalmick, Grant Present Chairperson Scandura, Chairperson Garcia, Commissioner Crowe, Commissioner Ray, Commissioner Kalmick, Commissioner Mandic, and Vice Chair Grant Absent AGENDA APPROVAL Motion by Ray, seconded by Grant, to AGENDA APPROVAL. 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 GENERAL PLAN AMENDMENT NO. 16-001, ZONING MAP AMENDMENT NO. 16-002, TENTATIVE TRACT MAP NO. 18147, CONDITIONAL USE PERMIT NO. 16-031, MITIGATED NEGATIVE DECLARATION NO. 16-002 (SEA DANCE RESIDENTIAL DEVELOPMENT - Continued from July 10, 2018): To recommend City Council approval of proposed General Plan land use and zoning map amendments from Public and Public-Semipublic to Residential Low Density and Open Space Park; to approve a proposed subdivision for 51 new single family residences in a Planned Unit Development design with reduced lot sizes and public benefits for the community; and Mitigated Negative Declaration to analyze the potential environmental impacts of the proposed project located at the former Franklin School site at 14422 Hammon Lane. Bc- site, subdivision comm AR- site, west school distr PG- none DK- site, neighbors, app, staff CM- subdivision Page 4 of 10 Planning Commission MINUTES - Final September 11, 2018 MG- site, app, residents JS- same as previous and spoke with staff. site with app, grant, staff, (check dvd) Jessica Bui, Associate Planner, gave the presentation and overview of the proposed project. She reviewed staff recommended modifications to the suggested conditions of approval. (check ppt) DK- measure C- who will maintain park until construction? DDom- will have to work with school district to work on logistics. CM- RVs restricted parking on streets, what is an RV. Steve Eros- have not reviewed definition. will have to work with applicant. CM- developer cost of affordable unit KF developer in lieu fee is (check dvd) CM- will these homes be built on pads and be on a higher level than original neighborhood? SBogart- no. will be consistent with neighborhood. CM- would single story homes be allowed to add on JB- yes but would need to meet requirements PG- lot a access to school? explain? JB- pedestrian access. currently fenced off. lot a would be vacated and going to the abutting property owners. Developer would be required to shoulder the cost of the vacation JS- HOA would maintain park and public art element? JB- only public art, not the park JS- split rail fence by water quality area? SB- will appear as a grassy depression. All features will be underneath. JS- confirmed staff recd changes. PUBLIC HEARING OPENED. Rick Wood, applicant, gave a presentation on the proposed project. Discussed changes made since previous public hearing. Dan Jamieson, resident, wants to see restriction on in lieu money to go to navy right of way (check dvd) John Fugatt, resident, compliment tripointe for their changes to the project. in lieu fees should be set aside for navy right of way. critical that it be developed for the use of our community. would like the developer to handle the navy right of way as well. Peter Hollingsworth, resident, thanks to tripointe for changes to park recs. concerned with traffic impacts of the proposed development. concerned with impacts to intersections spec Hammond and Westminster, and rancho and spa. Katie Fabre, resident, spoke in support. current school site is blight. good fit for the neighborhood Page 5 of 10 Planning Commission MINUTES - Final September 11, 2018 Donna Picciano, community manager for HOAs. currently assists new owners in another tripointe development. can see positive effects- aesthetic improvements, traffic patterns are normalizing, increased marketability, asset to the community. PUBLIC HEARING CLOSED. ULR - Pc cannot earmark the in lieu fees, only CC can. Desire to utilize on navy right of way. if navy right of way cannot be developed but the money is earmarked for it specifically, then money would need to be returned to the developer. DK- adjacent properties that have gate access to the park? DDom- normally will allow through a letter but cannot guarantee through perpetuity. DK- who would pay if need to remove? JB- developer would DK- hammond/westminster is in west? DS- yes. DK- rancho? DS- in HB but not currently at a level of service needing improvement CM- reword condition re: in lieu fees? DK- commend staff and developer and community. CM- echo DK's sentiments. think it's gonna be ok. AR- will support. pleased with park changes. MG- echo fellow commissioners. acknowledge applicant, staff, and neighbors. JS- will support. disappointed with staff and applicant that they didn't foresee park issue. the city and its residents are very concerned with park land. Motion by Grant, seconded by Kalmick, to A) Approve Mitigated Negative Declaration No. 16-002 with findings and mitigation measures (Attachment No. 1); B) Recommend Approval of General Plan Amendment No. 16-001 by approving draft City Council Resolution No. 2018-27 (Attachment No. 2) and Zoning Map Amendment No. 16-002 with findings (Attachment No. 1) by approving draft City Council Ordinance No. 4161 (Attachment No. 3) and forward to the City Council for adoption; C) Approve Tentative Tract Map No. 18147 and Conditional Use Permit No. 16-031 with findings and suggested conditions of approval (Attachment No. 1). Including staff rec'd changes, and amendment to TTM Cond 7b. The motion carried Page 6 of 10 Planning Commission MINUTES - Final September 11, 2018 by the following vote: Ayes: Scandura, Garcia, Crowe, Ray, Kalmick, Mandic, and Grant Noes: NONE Absent: NONE JJ- app withdrawn, req chair to close public hearing. CHAIR CLOSED PUBLIC HEARING This agenda item was withdrawn. CONSENT CALENDAR - NONE NON-PUBLIC HEARING ITEMS - NONE PLANNING ITEMS JJ- cc, pc PLANNING COMMISSION ITEMS MG- acknowledge first responders for their sacrifice for the greater good. Remember those who perished on 9/11. CM- none DK- close the meeting in honor of those who lost their lives. PG- non AR- none BC- none JS- A day to remember the people who perished and to acknowledge those who serve the country in our armed services and peace corps, etc. Son just left for the peace corps. ADJOURNMENT 8:05 PM The next regularly scheduled meeting of the Huntington Beach Planning Commission is Tuesday, September 25, 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 7 of 10 Planning Commission MINUTES - Final September 11, 2018 Public Hearing Procedures Page 8 of 10 Planning Commission MINUTES - Final September 11, 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 9 of 10 Planning Commission MINUTES - Final September 11, 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. Note Meeting went into Recess Note Meeting Reconvened Page 10 of 10

Agenda

AGENDA - Final PLANNING COMMISSION Tuesday, September 11, 2018 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Study Session - 5:15 PM 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 September 11, 2018 5:15 PM - STUDY SESSION, COUNCIL CHAMBERS CALL PLANNING COMMISSION STUDY SESSION TO ORDER ROLL CALL: Crowe, Ray, Garcia, Scandura, Kalmick, Mandic, Grant AGENDA APPROVAL PROJECT REVIEW (FUTURE AGENDA ITEMS) 18-288 COASTAL DEVELOPMENT PERMIT NO. 16-016, CONDITIONAL USE PERMIT NO. 16-034 (ASCON FINAL REMEDIATION): To introduce the proposed final remedial action plan for the site with grading involving more than 25,000 cubic yards of import/export; a 6 ft. tall fence with 6.5 ft. tall pilasters within the 15 ft. front setback along Hamilton Ave. and Magnolia St.; and gated access at 21641 Magnolia St. 18-289 CONDITIONAL USE PERMIT NO. 17-026 (G & M OIL): To introduce a request to construct a new service station; establish beer and wine sales; and allow reduced building setbacks at 16990 Beach Blvd. STUDY SESSION ITEMS - NONE PUBLIC COMMENTS - Regarding Project Review and Study Session portions of Meeting Anyone wishing to speak on Project Review or Study Session items during PUBLIC COMMENTS may do so by filling out a Request to Speak form and giving it to the Secretary. (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) - Jane James, Planning Manager PLANNING COMMISSION COMMITTEE REPORTS PLANNING COMMISSION COMMENTS 6:30 PM - RECESS FOR DINNER 7:00 PM - COUNCIL CHAMBERS CALL PLANNING COMMISSION MEETING TO ORDER Page 1 of 7 Planning Commission AGENDA - Final September 11, 2018 PLEDGE OF ALLEGIANCE ROLL CALL: Ray, Crowe, Garcia, Scandura, Mandic, Kalmick, 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 Page 2 of 7 Planning Commission AGENDA - Final September 11, 2018 18-266 GENERAL PLAN AMENDMENT NO. 16-001, ZONING MAP AMENDMENT NO. 16-002, TENTATIVE TRACT MAP NO. 18147, CONDITIONAL USE PERMIT NO. 16-031, MITIGATED NEGATIVE DECLARATION NO. 16-002 (SEA DANCE RESIDENTIAL DEVELOPMENT - Continued from July 10, 2018): To recommend City Council approval of proposed General Plan land use and zoning map amendments from Public and Public-Semipublic to Residential Low Density and Open Space Park; to approve a proposed subdivision for 51 new single family residences in a Planned Unit Development design with reduced lot sizes and public benefits for the community; and Mitigated Negative Declaration to analyze the potential environmental impacts of the proposed project located at the former Franklin School site at 14422 Hammon Lane. Recommended Action: A) Approve Mitigated Negative Declaration No. 16-002 with findings and mitigation measures (Attachment No. 1); B) Recommend Approval of General Plan Amendment No. 16-001 by approving draft City Council Resolution No. 2018-27 (Attachment No. 2) and Zoning Map Amendment No. 16-002 with findings (Attachment No. 1) by approving draft City Council Ordinance No. 4161 (Attachment No. 3) and forward to the City Council for adoption; C) Approve Tentative Tract Map No. 18147 and Conditional Use Permit No. 16-031 with findings and suggested conditions of approval (Attachment No. 1). 18-334 TENTATIVE PARCEL MAP NO. 18-006/COASTAL DEVELOPMENT PERMIT NO. 18 010/VARIANCE NO. 18-004 (HUNTINGTON STREET SFDS - CONTINUED FROM THE AUGUST 14, 2018 MEETING WITH THE PUBLIC HEARING OPEN): Close the public hearing due to withdrawal of the application at applicant’s request. CONSENT CALENDAR - NONE NON-PUBLIC HEARING ITEMS - NONE PLANNING ITEMS PLANNING COMMISSION ITEMS ADJOURNMENT Page 3 of 7 Planning Commission AGENDA - Final September 11, 2018 The next regularly scheduled meeting of the Huntington Beach Planning Commission is Tuesday, September 25, 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 4 of 7 Planning Commission AGENDA - Final September 11, 2018 Public Hearing Procedures Page 5 of 7 Planning Commission AGENDA - Final September 11, 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 6 of 7 Planning Commission AGENDA - Final September 11, 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 7 of 7

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