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Planning Commission

Regular Meeting

Huntington Beach, CA · November 13, 2018

AgendaMinutes

Minutes

Planning Commission City of Huntington Beach Tuesday, November 13, 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 AGENDA APPROVAL Motion by Kalmick, seconded by Mandic, to AGENDA APPROVAL. The motion carried by the following vote: Ayes: Garcia, Crowe, Ray, Kalmick, Mandic, and Grant Noes: NONE Absent: NONE PROJECT REVIEW (FUTURE AGENDA ITEMS) ZONING TEXT AMENDMENT NO. 18-003 (HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE UPDATE): To introduce proposed clarifications, revisions, and amendments to the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). Nicole Aube, associate planner, gave an overview of the proposed project. ULR reviewed ZSO update process. DK- policy changes from CC? or GP? or staff? ULR- inclusionary- HCD, and Housing. Have met moderate income goals but lacking in low. So changes to encourage low income housing. JV- city has struggled with program guidelines, code now says for sale to allow moderate, but OBD recs recruiting in-lieu fees to allow for low. Adding discretion for CC to use in-lieu fees to fund programs such as homeless and TBRA. Currently don't have certified HE so do not have state funds for these items but still need to provide. DK- ability to suggest changes? JV- yes but staff may recommend implementing that change later in the process. DK- changes from PC to ZA? JJ- tattoo parlors for example. so based on market trend, Page 1 of 8 Planning Commission MINUTES - Final November 13, 2018 etc. things staff has been keeping track of over the years. MG- page 9 of 203. striking everything for guest house def? NBA- don't use that def since ADU law MG- tattoo? microblading? NBA- microblading proposed to be added to personal services CM- check dvd NBA- consistency JJ- already says in fences and walls portion of code. we're adding here to clarify CM- minor accessory structures? tent things that people put their trailers under? NBA- not in this phase but may be addressed at a later date. CM- can be appealed NBA- yes. reviewed appeal structure CM- equestrian- need to add boarding 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) None AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) - Jane James, Planning Manager JJ- two power points PLANNING COMMISSION COMMITTEE REPORTS None PLANNING COMMISSION COMMENTS None 6:30 PM - RECESS FOR DINNER 5:45PM Meeting went into Recess Meeting Reconvened 7:00 PM - COUNCIL CHAMBERS CALL PLANNING COMMISSION MEETING TO ORDER PLEDGE OF ALLEGIANCE DK Page 2 of 8 Planning Commission MINUTES - Final November 13, 2018 ROLL CALL: Crowe, Ray, Garcia, Scandura, Kalmick, Mandic, Grant Present Chairperson Garcia, Commissioner Crowe, Commissioner Ray, Commissioner Kalmick, Commissioner Mandic, and Vice Chair Grant Absent Chairperson Scandura AGENDA APPROVAL Motion by Grant, seconded by Ray, to AGENDA APPROVAL. The motion carried by the following vote: Ayes: Garcia, Crowe, Ray, Kalmick, Mandic, and Grant Noes: NONE Absent: Scandura 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) None PUBLIC HEARING ITEMS CONDITIONAL USE PERMIT NO. 18-011 (TAQUERIAS DON VICTOR BEER AND WINE/ LIVE ENTERTAINMENT): To approve the sale, service, and consumption of beer and wine (ABC License Type 41) and the establishment of live entertainment consisting of a karaoke booth within an expanded portion of a 2,123 sq. ft. eating and drinking establishment located at 17552 Beach Boulevard, Ste. D-E, 92647 and find the project exempt from CEQA. Joanna Cortez, Associate Planner, gave an overview of the proposed project. BC - none AR - none PG - none DK - none CM - none MG - none CM- has the sound survey been done? JC- no. that will be done in coordination with PD for Page 3 of 8 Planning Commission MINUTES - Final November 13, 2018 approval of the entertainment permit. JJ- sound engineer can provide mitigation measures to meet noise levels. CM- no happy hour? JJ- unsure as to why Pd recommended this. DK- think its due to entertainment permit request MG- noise survey done during hours when karaoke would be in use. JJ- think PD requires that. Nora Nieto was called to speak, applicant, spoke in support. Waiting on noise survey until approved. Already coordinating with PD. Motion by Kalmick, seconded by Grant, to A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1; B) Approve Conditional Use Permit No. 18-011 with suggested findings and conditions of approval (Attachment No. 1).. The motion carried by the following vote: Ayes: Garcia, Crowe, Ray, Kalmick, Mandic, and Grant Noes: NONE Absent: Scandura CONSENT CALENDAR APPROVE PLANNING COMMISSION MINUTES DATED AUGUST 14, 2018 Motion by Grant, seconded by Kalmick, to That the Planning Commission take the following action: Approve the August 14, 2018 and August 28, 2018 Planning Commission minutes as submitted.. The motion carried by the following vote: Ayes: Garcia, Crowe, Ray, Kalmick, Mandic, and Grant Noes: NONE Absent: Scandura APPROVE PLANNING COMMISSION MINUTES DATED AUGUST 28, 2018 Approve as recommended by staff. Ayes: Garcia, Crowe, Ray, Kalmick, Mandic, and Grant Noes: NONE Page 4 of 8 Planning Commission MINUTES - Final November 13, 2018 Absent: Scandura NON-PUBLIC HEARING ITEMS - NONE PLANNING ITEMS JJ PLANNING COMMISSION ITEMS DK- thank BC for his service on PC. CM- echo that MG- echo that. ADJOURNMENT 7:21 PM The next regularly scheduled meeting of the Huntington Beach Planning Commission is Tuesday, November 27, 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 5 of 8 Planning Commission MINUTES - Final November 13, 2018 Public Hearing Procedures Page 6 of 8 Planning Commission MINUTES - Final November 13, 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 7 of 8 Planning Commission MINUTES - Final November 13, 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 Rollcall Present Chairperson Garcia, Commissioner Crowe, Commissioner Ray, Commissioner Kalmick, Commissioner Mandic, and Vice Chair Grant Absent Chairperson Scandura Page 8 of 8

Agenda

AGENDA - Final PLANNING COMMISSION Tuesday, November 13, 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 November 13, 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) 18-426 ZONING TEXT AMENDMENT NO. 18-003 (HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE UPDATE): To introduce proposed clarifications, revisions, and amendments to the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). 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 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 Page 1 of 5 Planning Commission AGENDA - Final November 13, 2018 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 18-508 CONDITIONAL USE PERMIT NO. 18-011 (TAQUERIAS DON VICTOR BEER AND WINE/ LIVE ENTERTAINMENT): To approve the sale, service, and consumption of beer and wine (ABC License Type 41) and the establishment of live entertainment consisting of a karaoke booth within an expanded portion of a 2,123 sq. ft. eating and drinking establishment located at 17552 Beach Boulevard, Ste. D-E, 92647 and find the project exempt from CEQA. Recommended Action: A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1; B) Approve Conditional Use Permit No. 18-011 with suggested findings and conditions of approval (Attachment No. 1). CONSENT CALENDAR 18-525 APPROVE PLANNING COMMISSION MINUTES DATED AUGUST 14, 2018 Recommended Action: That the Planning Commission take the following action: Approve the August 14, 2018 Planning Commission minutes as submitted. 18-526 APPROVE PLANNING COMMISSION MINUTES DATED AUGUST 28, 2018 Recommended Action: That the Planning Commission take the following action: Approve the August 28, 2018 Planning Commission Minutes as submitted. NON-PUBLIC HEARING ITEMS - NONE PLANNING ITEMS PLANNING COMMISSION ITEMS Page 2 of 5 Planning Commission AGENDA - Final November 13, 2018 ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach Planning Commission is Tuesday, November 27, 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 5 Planning Commission AGENDA - Final November 13, 2018 Public Hearing Procedures 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 4 of 5 Planning Commission AGENDA - Final November 13, 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 5 of 5

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