Planning Commission

Planning Commission City of Huntington Beach Tuesday, May 28, 2019 2000 Main Street Study Session- 5:00 PM Huntington Beach, CA 92648 6:00 PM - Regular Meeting Council Chambers MINUTES - Final Jennifer Villasenor, Deputy Director of Community Chair Pat Garcia Development Vice Chair Michael Grant Jane James, Planning Manager Commissioner John Scandura Mike Vigliotta, Chief Assistant City Attorney Commissioner Alan Ray Kim De Coite, Administrative Assistant Commissioner Dan Kalmick Commissioner Brendon Perkins Commissioner Connie Mandic 5:00 PM - STUDY SESSION, COUNCIL CHAMBERS CALL PLANNING COMMISSION STUDY SESSION TO ORDER ROLL CALL: Scandura, Ray, Grant, Garcia, Kalmick, Perkins, Mandic Present Chairperson Garcia, Commissioner Kalmick, Vice Chair Grant, Commissioner Perkins, Commissioner Mandic, Commissioner Ray, and Commissioner Scandura Absent AGENDA APPROVAL Motion by Grant, seconded by Mandic, to AGENDA APPROVAL. The motion carried by the following vote: Ayes: Garcia, Kalmick, Grant, Perkins, Mandic, Ray, and Scandura Noes: NONE Absent: NONE PROJECT REVIEW (FUTURE AGENDA ITEMS) GENERAL PLAN AMENDMENT NO. 2019-001, ZONING TEXT AMENDMENT NO. 2018-002, ZONING MAP AMENDMENT NO. 2018-001 (COUNTY GOTHARD PROPERTY & RESEARCH AND TECHNOLOGY ZONING) REQUEST: To review the background and technical analysis of two proposed amendments: 1) to amend the General Plan Land Use Map designation on a portion of the former County landfill site; and 2) to amend the Zoning Map and establish a set of zoning standards for the Research and Technology (RT) zoning district. LOCATION: APN 111-071-37 (West side of Gothard Street at Prodan Drive) and multiple existing Industrial zoning districts Page 1 of 13 Planning Commission MINUTES - Final May 28, 2019 Hayden Beckman, Senior Planner, and Diane Bathgate, RM Design Group, gave a presentation and overview of the proposed project. MG- landfill at the county gothard property? HB- landfill closed in 19? Discussed in EIR addendum DK- how granular would changes be? Paint colors or just setbacks? HB- language changes in ZSO. Existing industrial standards. DK- flexible hours? Frontier property? HB- contacted all property owners but can look into DK- fiber standards? Parking? JS- EIR addendum? Already certified? HB- no action required. Addendum was compiled as part of CEQA process but did not trigger a new EIR/entitlement action. JS- parking issues? DB- parking management vs amount of parking JV-some businesses are outgrowing their buildings and are utilizing their parking lots and impacting parking. JS- landfill? Did not feel adequately analyzed. HB- in communication with county. correction to GP update and would allow the industrial uses. No formal application at this time. JS- would request that the public hearing not be held on the same day as Magnolia Tank Farm. CM- county did not request change. HB- correct but County did not object. HB- no existing industrial use will be non-conforming CM- will there be limits to commercial/residential? HB- no residential? commercial injection to support workers at the industrial CM- FAR differences MG-RT would not entertain live/work? HB- correct JS- commercial limitations? HB- FAR will factor into that MG- breweries/distilleries etc? HB- would be allowed. manufacturing is the primary use with an element of commercial DK- have we looked at other city's approaches to breweries/etc? HB- will be recommending specific language for those uses CM- want more time for study session. Page 2 of 13 Planning Commission MINUTES - Final May 28, 2019 BP- commercial space ratio? what concerns? HB- breweries, reviewed 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. (3 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) - Jane James, Planning Manager JJ- late comms, powerpoints PLANNING COMMISSION COMMITTEE REPORTS JS- EB, move CIP up? Magnolia Tank Farm and RT not on same meeting. BP- SBC, Meeting went into Recess Meeting Reconvened PLANNING COMMISSION COMMENTS 5:30 PM - RECESS FOR DINNER 6:00 PM - COUNCIL CHAMBERS CALL PLANNING COMMISSION MEETING TO ORDER PLEDGE OF ALLEGIANCE BP ROLL CALL: Scandura, Ray, Grant, Garcia, Kalmick, Perkins, Mandic Present Chairperson Garcia, Commissioner Kalmick, Vice Chair Grant, Commissioner Perkins, Commissioner Mandic, Commissioner Ray, and Commissioner Scandura Absent AGENDA APPROVAL Motion by Kalmick, seconded by Ray, to MOVE NON PUBLIC HEARING ITEM BEFORE PUBLIC HEARING ITEMS. The motion carried by the following vote: Ayes: Garcia, Kalmick, Grant, Perkins, Mandic, Ray, and Scandura Page 3 of 13 Planning Commission MINUTES - Final May 28, 2019 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. (3 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) None PUBLIC HEARING ITEMS ENTITLEMENT PLAN AMENDMENT NO. 19-002 (HUNTINGTON BEACH CHURCH INTERNATIONAL SCHOOL AND PRE-SCHOOL) REQUEST: To amend Conditional Use Permit No. 1997-027 to allow a private high school with a maximum of 30 students and a pre-school with a maximum of 15 children in conjunction with an existing religious assembly use. LOCATION: 8121 Ellis Avenue, 92646 (north of Ellis Avenue, between Patterson Lane and Goodwin Lane) JS - drove by the site AR- none MG- site PG- one DK- staff, reviewed original CUP BP- none CM- none JB- gave brief overview and presentation of the proposed project MG- goal is to clean up ambiguities? JB- existing daycare on site without city approval MG- commercial? JB- public/semi-public? MG- playground? rated for residential vs commercial. JJ- confirm with applicant but believe it is determine through the state MG- international school? JV- not currently in operation, would be a satelite of a school in anaheim Page 4 of 13 Planning Commission MINUTES - Final May 28, 2019 JS- church allowed in residential? JB- yes JS- not overlap in facilities. JB- in two separate facilities. DK- controlled narcotics in school? JB- medical marijuana dispensaries have been operating as a religious use, so the condition is clarification that those uses are prohibited. DK- 79 parking spots? DK- ADA compliance JB- review of EPA by FD and Bldg. Will be required to bring up to compliance. CM- request for 15 students? 20 students? JB- applicant amended request. CM- how did come to light? JB- as result of request, no code enforcement cases open on site CM- current parking sufficient? JB- yes BP- do we require state permitting before we approve? JB- state licensing done through state MG- access? Jason Robertson, pastor, was called to speak. New pastor and wanted to make sure everything was operating correctly. Duane Wentworth, resident and member of HB Church, spoke in support. Parking numbers based on religious assembly and school use will not be utilized on the same day. CM- traffic on la palma from school. DW- we have tried to close that entrance, but neighbors utilize it. CM- where do students stay? JR- hosted by families. JS- Pd requirements to separate preschool and high school. JR- take place in different buildings in different parts of the campus. JS- what about play area? JR- will meet state codes DK- currently running daycare/preschool? JR- neither but have previously had both. DK- confirmed that the request is for a preschool and high school MG- when was last time daycare did operate? JR- a few years ago, not sure on date. MG- timeline? JR- within two year window JS- proposed conditions- gate off La Palma exit, submit a plan on separating high Page 5 of 13 Planning Commission MINUTES - Final May 28, 2019 school/preschool, condition shall meet all applicable state and federal playground standards, does city need to see license? Steve Eros- FD will have to do a final inspection. would not recommend gating off fire access lane JS- could change to submit a plan to control access to la palma gate DK- have not seen any issues re: access on La Palma. CM- agree with DK This agenda item was approved with conditions. Jason Robertson was called to speak Motion by Scandura, seconded by Kalmick, to That the Planning Commission take the following actions: A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 - Existing Facilities. B) Approve Entitlement Plan Amendment No. 19-002 with findings and conditions of approval and requiring a plan submitted to the CD Director to keep the pre-school and high school students separate, and to require all playground equipment meet state and local standards. The motion carried by the following vote: Ayes: Garcia, Kalmick, Grant, Perkins, Mandic, Ray, and Scandura Noes: NONE Absent: NONE TENTATIVE TRACT MAP NO. 18157/CONDITIONAL USE PERMIT NO. 17-042 (ELLIS AVE. CONDOS) REQUEST: To permit a one-lot subdivision and development of a four-story mixed-use building including 48 new condominium residences with 891 square feet of commercial space and three levels of subterranean parking and find the project exempt from CEQA. LOCATION: 8041 Ellis Avenue (North side of Ellis Ave., between Beach Blvd. and Patterson Ln.) JS- site, staff, study session AR- site MG- site PG- none Page 6 of 13 Planning Commission MINUTES - Final May 28, 2019 DK- staff BP- site, staff CM- none Nicolle Aube, Associate Planner, gave presentation and overview of the proposed project. MG- Affordable Housing Analysis? rentals just affordable or entire project? NB- requesting approval of a tract map for condos, but may be rented prior to sale. JS- can a developer convert from condo to rental without approval? JJ- can covert to rental at anytime. Does not require a tract map for rentals. JS- development standards are town center but located in 5 points district. NB- clarified district vs development standards DK- shadow map? NA- architect prepared exhibit and can respond. JJ- staff had same comment to expert DK- why were the equinoxes not used for the shadowing? DK- condo vs apartments. CC & Rs? JJ- requirements fall to property owner. PC can add language to indicate that specifically if they wish. DK- condo conversion ordinance? JJ- reviewed process DK- substandard lots? NA- remedy through ZSO JJ- usually a CUP DK- accident counts? Darren Sam- accident statistics DK- mechanism for enforcing parking assigned to units, so that owners cannot sublease unit without spaces. JJ- code enforcement case DK- radio? SEros- fire code requirement JV- also req in BECSP CM- drainage and grading- wall height? NA- 8 feet total CM- difference in time for defects for condos vs single family? JJ- construction law and not something we handle CM- 20 ft easement? SB answered CM- wall/double wall? JJ- typical condition CM- tenant reserved locker space? water meters? pets? NA- defer to applicant AR- parking spaces? NA- code requirement PH OPENED Tahir Salim, property owner, applicant, spoke in support of the project. Discussed Page 7 of 13 Planning Commission MINUTES - Final May 28, 2019 homeless issue in the area. Affordable housing issue in apartment vs condo. Steve Farnsworth, resident, spoke in opposition. Plenty of apartments in HB for rent already. Small lot size, shadowing issues, access to the site. Tim Geddes, resident, in opposition. citing negative traffic, density, access, parking impacts. PH CLOSED DK- how close will building be to adjacent carwash? NA- 10 ft setback NA- on similar projects Pc has added advisory language to CC&Rs DK- shadowing map inconsistencies? Architect- created using sketch up, which allows input of exact coordinates, etc. There was a lengthy discussion regarding the shadowing map. DK- short term vacation rentals. Can we add to CC&Rs? or requiring green roof? V- would need to demonstrate nexus between request and issue being resolved DK- left hand turn? DS- could not put curb divider and maintain number of lanes on Ellis DS- project will have access challenges throughout day AR- shadow study/accident rates MG- no community outreach? CM- do tenants have individual storage units. pet amenities? guest parking? BP- look at easement on carwash property to provide access? AR- retail space? Salim- we envision a coffee shop AR- access to site/traffic impact questions MG- noise study? hours of operation? NA- acoustic study is required for the mitigation monitoring program JS- see too many issues/problems with the project. does appreciate applicant want to rehab a dilapidated property and add to the city. Issues with massing, shadowing impacts, access, lack of commercial use, inconsistent with BECSP, incompatible with surrounding uses. Motion by Scandura, seconded by Kalmick, to That the Planning Commission take the Page 8 of 13 Planning Commission MINUTES - Final May 28, 2019 following actions: Direct staff to return to the June 11, 2019, Planning Commission meeting with findings for denial. . The motion carried by the following vote: Ayes: Kalmick, Grant, Perkins, Mandic, Ray, and Scandura Noes: Garcia Absent: NONE CONSENT CALENDAR - None NON-PUBLIC HEARING ITEMS GENERAL PLAN CONFORMANCE NO. 19-002 (CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2019/20) REQUEST: To determine if the Capital Improvement Program for Fiscal Year 2019/20 is in compliance with the goals and policies of the General Plan. LOCATION: Citywide NA and Todd Broussard gave presentation and overview of the proposed request. AR- railing? TB- projects have not be designed yet, but will be going away from (check dvd) MG- CM- waterwell #6 Motion by Grant, seconded by Kalmick, to That the Planning Commission take the following actions: A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15306. B) Adopt Resolution No. 1709 approving General Plan Conformance No. 19-002 (Attachment No. 1).. The motion carried by the following vote: Ayes: Garcia, Kalmick, Grant, Perkins, Mandic, Ray, and Scandura Noes: NONE Absent: NONE Page 9 of 13 Planning Commission MINUTES - Final May 28, 2019 PLANNING ITEMS - Discuss Community Workshop Attendance MV- only 3 of pc can attend the sunset beach meeting. PG- JS and MG will attend. PLANNING COMMISSION ITEMS ADJOURNMENT 8:53 PM The next regularly scheduled meeting of the Huntington Beach Planning Commission is Tuesday, June 11, 2019, at 6:00 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 10 of 13 Planning Commission MINUTES - Final May 28, 2019 Public Hearing Procedures Page 11 of 13 Planning Commission MINUTES - Final May 28, 2019 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 5:00 p.m for a study session and then at 6:00 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 (3) 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 12 of 13 Planning Commission MINUTES - Final May 28, 2019 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, Three Hundred Fifty-Three Dollars ($2,353.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Seven Hundred Seventy-Eight Dollars ($3,778.00) 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 13 of 13